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Case T-142/22: Judgment of the General Court of 17 July 2024 – Landesbank Baden-Württemberg v SRB (Economic and monetary union – Banking union – Single Resolution Mechanism for credit institutions and certain investment firms (SRM) – Single Resolution Fund (SRF) – Decision of the SRB on the calculation of the 2017 ex ante contributions – Obligation to state reasons – Effective judicial protection – Equal treatment – Principle of proportionality – SRB’s discretion – Plea of illegality – Commission’s discretion – Limitation of the temporal effects of the judgment)
ECLI:EU:UNKNOWN:62022TA0142
62022TA0142
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Official Journal of the European Union
C series
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C/2024/5232
(Case T-142/22)
(Economic and monetary union - Banking union - Single Resolution Mechanism for credit institutions and certain investment firms (SRM) - Single Resolution Fund (SRF) - Decision of the SRB on the calculation of the 2017 ex ante contributions - Obligation to state reasons - Effective judicial protection - Equal treatment - Principle of proportionality - SRB’s discretion - Plea of illegality - Commission’s discretion - Limitation of the temporal effects of the judgment)
(C/2024/5232)
Language of the case: German
Parties
Applicant: Landesbank Baden-Württemberg (Stuttgart, Germany) (represented by: H. Berger, M. Weber and D. Schoo, lawyers)
Defendant: Single Resolution Board (represented by: J. Kerlin, T. Wittenberg and D. Ceran, acting as Agents, and by H.-G. Kamann and P. Gey, lawyers)
Re:
By its action under Article 263 TFEU, the applicant seeks the annulment of Decision SRB/ES/2021/82 of the Single Resolution Board (SRB) of 15 December 2021 on the calculation of the 2017 ex ante contributions to the Single Resolution Fund concerning Landesbank Baden-Württemberg.
Operative part of the judgment
The Court:
1.Annuls Decision SRB/ES/2021/82 of the Single Resolution Board (SRB) of 15 December 2021 on the calculation of the 2017 ex ante contributions to the Single Resolution Fund concerning Landesbank Baden-Württemberg;
2.Maintains the effects of Decision SRB/ES/2021/82 until the entry into force, within a reasonable period which cannot exceed six months from the date of delivery of the present judgment, of a new decision of the SRB fixing the ex ante contribution to the Single Resolution Fund of Landesbank Baden-Württemberg for the 2017 contribution period;
3.Orders the SRB to bear its own costs and to pay those incurred by Landesbank Baden-Württemberg.
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Language of the case: German.
ELI: http://data.europa.eu/eli/C/2024/5232/oj
ISSN 1977-091X (electronic edition)
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