Official Journal of the European Union

C 72/20

(Case T-758/18) (*)

(Economic and monetary Union - Banking union - Single resolution mechanism for credit institutions and certain investment firms (SRM) - Single Resolution Fund (SRF) - Setting of the 2015 and 2018 ex ante contributions - Rejection of the request for a recalculation and a reimbursement of contributions - Action for annulment - Challengeable act - Admissibility - Institution whose licence has been withdrawn - Article 70(4) of Regulation (EU) No 806/2014 - Concept of ‘change of status’ - Article 12(2) of Delegated Regulation (EU) 2015/63)

(2021/C 72/29)

Language of the case: English

Parties

Applicant: ABLV Bank AS (Riga, Latvia) (represented by: O. Behrends, lawyer)

Defendant: Single Resolution Board (SRB) (represented by: J. Kerlin and P. Messina, acting as Agents, and by B. Meyring, S. Schelo, T. Klupsch and S. Ianc, lawyers)

Intervener in support of the defendant: European Commission (represented by: D. Triantafyllou, A. Nijenhuis and A. Steiblytė, acting as Agents)

Re:

Application under Article 263 TFEU seeking annulment of the letter from the SRB of 17 October 2018 by which the SRB rejected the applicant’s application for, first, the recalculation of its 2018 ex ante contribution and the repayment of the overpayment and, second, the repayment of a portion of its 2015 ex ante contribution, following the withdrawal of its licence by the European Central Bank (ECB).

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders ABLV Bank AS to pay, in addition to its own costs, the costs incurred by the Single Resolution Board (SRB);

3.Orders the European Commission to bear its own costs.

(*) Language of the case: English.

OJ C 82, 4.3.2019.