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Case T-321/17: Order of the General Court of 20 December 2021 — Niemelä and Others v ECB (Action for annulment — Economic and monetary policy — Prudential supervision of credit institutions — Specific supervisory tasks assigned to the ECB — Decision to withdraw a credit institution’s authorisation — Replacement of the contested measure in the course of the proceedings — Action which has become devoid of purpose — Loss of interest in bringing proceedings — No need to adjudicate — Action for damages — Manifest inadmissibility)
ECLI:EU:UNKNOWN:62017TB0321
62017TB0321
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Official Journal of the European Union
C 109/21
(Case T-321/17) (*)
(Action for annulment - Economic and monetary policy - Prudential supervision of credit institutions - Specific supervisory tasks assigned to the ECB - Decision to withdraw a credit institution’s authorisation - Replacement of the contested measure in the course of the proceedings - Action which has become devoid of purpose - Loss of interest in bringing proceedings - No need to adjudicate - Action for damages - Manifest inadmissibility)
(2022/C 109/28)
Language of the case: English
Parties
Applicants: Heikki Niemelä (Ohain, Belgium), Mika Lehto (Espoo, Finland), Nemea plc (St Julians, Malta), Nevestor SA (Ohain), Nemea Bank plc (St Julians) (represented by: A. Meriläinen, lawyer)
Defendant: European Central Bank (represented by: C. Hernández Saseta and A. Witte, acting as Agents, and by B. Schneider, lawyer)
Intervener in support of the defendant: European Commission (represented by: A. Steiblytė and A. Nijenhuis, acting as Agents)
Re:
Application, first, under Article 263 TFEU, for annulment of the decision of the European Central Bank of 23 March 2017, ECB/SSM/2017 — 213800JENPXTUY75VSO/1 WHD-2017-0003, withdrawing Nemea Bank plc’s authorisation to operate as a credit institution and, second, under Article 268 TFEU, seeking compensation for the damage allegedly suffered by the applicants.
Operative part of the order
1.There is no longer any need to adjudicate on the application for annulment.
2.The claim for compensation is dismissed as inadmissible.
3.Heikki Niemelä, Mika Lehto, Nemea plc, Nevestor SA and Nemea Bank plc and the European Central Bank (ECB) are ordered each to bear their own costs in relation to the application for annulment.
4.Heikki Niemelä, Mika Lehto, Nemea, Nevestor and Nemea Bank are ordered to bear their own costs and pay those incurred by the ECB in relation to the claim for compensation.
5.The European Commission is ordered to bear its own costs.
(*) Language of the case: English.
(1) OJ C 283, 28.8.2017.