# C_2020036EN.01002301.xml

| 3.2.2020 | EN | Official Journal of the European Union | C 36/23 |
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3.2.2020

EN

Official Journal of the European Union

C 36/23

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Judgment of the General Court of 28 November 2019 — Hypo Vorarlberg Bank v SRB

(Joined Cases T-377/16, T-645/16 and T-809/16) (1)

(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 2016 ex-ante contributions - Action for annulment - Direct and individual concern - Admissibility - Essential procedural requirements - Authentication of the decision - Procedure for the adoption of the decision - Obligation to state reasons - Limitation in time of the effects of the judgment)

(2020/C 36/27)

Language of the case: German

Parties

Applicant: Hypo Vorarlberg Bank AG, formerly Vorarlberger Landes- und Hypothekenbank AG (Bregenz, Austria) (represented by: G. Eisenberger and A. Brenneis, lawyers)

Defendant: Single Resolution Board (represented by: B. Meyring, S. Schelo, T. Klupsch and S. Ianc, lawyers)

Intervener in support of the applicant: Italian Republic (represented by: G. Palmieri, Agent)

Re:

Application based on Article 263 TFEU seeking the annulment, first, of the decision of the SRB in its executive session of 15 April 2016 on the 2016 ex-ante contributions to the Single Resolution Fund (SRB/ES/SRF/2016/06) and, second, of the decision of the SRB in its executive session of 20 May 2016 on the adjustment of the 2016 ex-ante contributions to the Single Resolution Fund, supplementing the decision of the SRB in its executive session of 15 April 2016 on the 2016 ex-ante contributions to the Single Resolution Fund (SRB/ES/SRF/2016/13), to the extent that they concern the applicant.

Operative part of the judgment

The Court:

| 1. | in Cases T-645/16 and T-809/16, dismisses the actions as inadmissible; |
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1.

in Cases T-645/16 and T-809/16, dismisses the actions as inadmissible;

| 2. | in Case T-377/16, annuls the decision of the Single Resolution Board (SRB) in its executive session of 15 April 2016 on the 2016 ex-ante contributions to the Single Resolution Fund (SRB/ES/SRF/2016/06) and the decision of the SRB in its executive session of 20 May 2016 on the adjustment of the 2016 ex-ante contributions to the Single Resolution Fund, supplementing the decision of the SRB in its executive session of 15 April 2016 on the 2016 ex-ante contributions to the Single Resolution Fund (SRB/ES/SRF/2016/13), to the extent that they concern Hypo Vorarlberg Bank AG; |
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2.

in Case T-377/16, annuls the decision of the Single Resolution Board (SRB) in its executive session of 15 April 2016 on the 2016 ex-ante contributions to the Single Resolution Fund (SRB/ES/SRF/2016/06) and the decision of the SRB in its executive session of 20 May 2016 on the adjustment of the 2016 ex-ante contributions to the Single Resolution Fund, supplementing the decision of the SRB in its executive session of 15 April 2016 on the 2016 ex-ante contributions to the Single Resolution Fund (SRB/ES/SRF/2016/13), to the extent that they concern Hypo Vorarlberg Bank AG;

| 3. | orders the SRB to bear its own costs and to pay those incurred by Hypo Vorarlberg Bank in Case T-377/16; |
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3.

orders the SRB to bear its own costs and to pay those incurred by Hypo Vorarlberg Bank in Case T-377/16;

| 4. | orders Hypo Vorarlberg Bank to bear its own costs and to pay those incurred by the SRB in Cases T-645/16 and T-809/16, and in Case T-645/16 R; |
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4.

orders Hypo Vorarlberg Bank to bear its own costs and to pay those incurred by the SRB in Cases T-645/16 and T-809/16, and in Case T-645/16 R;

| 5. | orders the Italian Republic to bear its own costs. |
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5.

orders the Italian Republic to bear its own costs.

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(1)  OJ C 343, 19.9.2016.

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