Official Journal of the European Union

C series

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C/2024/5624

30.9.2024

(Case T-400/23)

(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 ex ante contributions for the 2023 contribution period - Article 70(2) of Regulation (EU) No 806/2014 - Action manifestly well founded - Limitation of the temporal effects of the order)

(C/2024/5624)

Language of the case: German

Parties

Applicant: Erste Group Bank AG (Vienna, Austria) (represented by: G. Eisenberger, A. Brenneis and J. Holzmann, lawyers)

Defendant: Single Resolution Board (represented by: J. Kerlin, C. Flynn and D. Ceran, acting as Agents and by B. Meyring and T. Klupsch, lawyers)

Re:

By its action under Article 263 TFEU, the applicant seeks the annulment of Decision SRB/ES/2023/23 of the Single Resolution Board (SRB) of 2 May 2023 on the calculation of the 2023 ex ante contributions to the Single Resolution Fund (SRF), in so far as that decision concerns it.

Operative part of the order

The Court hereby orders:

1.Decision SRB/ES/2023/23 of the Single Resolution Board (SRB) of 2 May 2023 on the calculation of the 2023 ex ante contributions to the Single Resolution Fund, in so far as it concerns Erste Group Bank AG is annulled.

2.The effects of Decision SRB/ES/2023/23, in so far as it concerns Erste Group Bank, are maintained until the SRB has taken the measures necessary to implement the present order, which must occur within a reasonable period that cannot exceed six months from the day on which the present order becomes final.

3.The SRB shall bear its own costs and pay those incurred by Erste Group Bank.

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Language of the case: German.

ELI: http://data.europa.eu/eli/C/2024/5624/oj

ISSN 1977-091X (electronic edition)

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