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Case T-641/22: Judgment of the General Court of 6 November 2024 – Portigon v SRB (2017 ex ante contributions) (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)
ECLI:EU:UNKNOWN:62022TA0641
62022TA0641
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Official Journal of the European Union
C series
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C/2025/163
13.1.2025
(Case T-641/22)
(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)
(C/2025/163)
Language of the case: German
Parties
Applicant: Portigon AG (Düsseldorf, Germany) (represented by: D. Bliesener, V. Jungkind and C. van Kampen, lawyers)
Defendant: Single Resolution Board (represented by: J. Kerlin, D. Ceran and T. Wittenberg, acting as Agents, and by B. Meyring and T. Klupsch, lawyers)
Interveners in support of the defendant: European Parliament (represented by: G. Bartram, J. Etienne and M. Menegatti, acting as Agents), Council of the European Union (represented by: J. Haunold, J. Bauerschmidt and A. Westerhof Löfflerová, acting as Agents)
Re:
By its action under Article 263 TFEU, the applicant seeks the annulment of Decision SRB/ES/2022/41 of the Single Resolution Board (SRB) of 25 July 2022 on the calculation of the 2017 ex ante contributions to the Single Resolution Fund of Hypo Vorarlberg Bank AG and Portigon AG, in so far as it concerns it.
Operative part of the judgment
The Court:
1.Annuls Decision SRB/ES/2022/41 of the Single Resolution Board (SRB) of 25 July 2022 on the calculation of the 2017 ex ante contributions to the Single Resolution Fund of Hypo Vorarlberg Bank AG and Portigon AG, in so far as it concerns Portigon AG;
2.Maintains the effects of Decision SRB/ES/2022/41 in so far as it concerns Portigon 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 that institution’s ex ante contribution to the Single Resolution Fund for the 2017 contribution period;
3.Orders the SRB, in addition to bearing its own costs, to pay those incurred by Portigon;
4.Declares that the European Parliament and the Council of the European Union are to bear their own costs.
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(1) OJ C 451, 28.11.2022.
ELI: http://data.europa.eu/eli/C/2025/163/oj
ISSN 1977-091X (electronic edition)
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