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Case T-538/17: Order of the General Court of 22 January 2025 – Jess Liberty v SRB (Action for annulment and for damages – Economic and monetary policy – Single resolution mechanism for credit institutions and certain investment firms – Resolution scheme in respect of Banco Popular Español – Act not open to challenge – Manifest inadmissibility)

ECLI:EU:UNKNOWN:62017TB0538

62017TB0538

January 22, 2025
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Official Journal of the European Union

C series

C/2025/2082

14.4.2025

(Case T-538/17)

(Action for annulment and for damages - Economic and monetary policy - Single resolution mechanism for credit institutions and certain investment firms - Resolution scheme in respect of Banco Popular Español - Act not open to challenge - Manifest inadmissibility)

(C/2025/2082)

Language of the case: Spanish

Parties

Applicant: Jess Liberty, SL (Madrid, Spain) (represented by: C. Aguirre de Cárcer Moreno, lawyer)

Defendant: Single Resolution Board (represented by: H. Ehlers, M. Fernández Rupérez, A. Lapresta Bienz and J. Rius Riu, acting as Agents, and by B. Meyring, F. Fernández de Trocóniz Robles, T. Klupsch and S. Ianc, lawyers)

Re:

By its action, the applicant seeks, first, under Article 263 TFEU, the annulment of Decision SRB/EES/2017/08 of the Executive Session of the Single Resolution Board (SRB) of 7 June 2017 concerning the adoption of a resolution scheme in respect of Banco Popular Español, SA, and, secondly, compensation for the loss in value of its shares arising from the adoption of that decision.

Operative part of the order

The action is dismissed as manifestly inadmissible.

There is no need to adjudicate on the applications for leave to intervene by the Kingdom of Spain, the European Commission, Banco Santander, SA and Banco Popular Español, SA.

Jess Liberty, SL shall bear its own costs and pay those incurred by the Single Resolution Board (SRB).

The Kingdom of Spain and the Commission shall each bear their own costs relating to the applications for leave to intervene.

Banco Santander shall bear its own costs and pay those incurred by Banco Popular Español relating to the applications for leave to intervene.

(1) OJ C 424, 11.12.2017.

ELI: http://data.europa.eu/eli/C/2025/2082/oj

ISSN 1977-091X (electronic edition)

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