# C_2020027EN.01003502.xml

| 27.1.2020 | EN | Official Journal of the European Union | C 27/35 |
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27.1.2020

EN

Official Journal of the European Union

C 27/35

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Action brought on 25 October 2019 – PNB Banka and Others v ECB

(Case T-730/19)

(2020/C 27/44)

Language of the case: English

Parties

Applicants: PNB Banka AS (Riga, Latvia) and 10 other applicants (represented by: O. Behrends, lawyer)

Defendant: European Central Bank

Form of order sought

The applicants claim that the Court should:

| — | annul the ECB’s decision of 15 August 2019 that Bank X is failing or likely to fail; and |
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annul the ECB’s decision of 15 August 2019 that Bank X is failing or likely to fail; and

| — | order the defendant to pay the costs. |
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order the defendant to pay the costs.

Pleas in law and main arguments

In support of the action, the applicants rely on thirteen pleas in law.

| 1. | First plea in law, alleging that the ECB lacked the competence to adopt the contested decision. |
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1.

First plea in law, alleging that the ECB lacked the competence to adopt the contested decision.

| 2. | Second plea in law, alleging that the contested decision is an impermissible type of decision. |
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2.

Second plea in law, alleging that the contested decision is an impermissible type of decision.

| 3. | Third plea in law, alleging that the ECB distorted the facts and violated its obligation to assess impartially and objectively all the relevant facts. |
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3.

Third plea in law, alleging that the ECB distorted the facts and violated its obligation to assess impartially and objectively all the relevant facts.

| 4. | Fourth plea in law, alleging that the contested decision is vitiated procedurally because it is based on an illegal on-site inspection. |
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4.

Fourth plea in law, alleging that the contested decision is vitiated procedurally because it is based on an illegal on-site inspection.

| 5. | Fifth plea in law, alleging that the contested decision violates the principle of proportionality. |
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5.

Fifth plea in law, alleging that the contested decision violates the principle of proportionality.

| 6. | Sixth plea in law, alleging that the contested decision does not include an appropriate statement of reasons. |
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6.

Sixth plea in law, alleging that the contested decision does not include an appropriate statement of reasons.

| 7. | Seventh plea in law, alleging that the contested decision violates the applicants’ rights to be heard. |
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7.

Seventh plea in law, alleging that the contested decision violates the applicants’ rights to be heard.

| 8. | Eighth plea in law, alleging that that the contested decision is based on the ECB’s illegal opposition to the acquisition of Bank X. |
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8.

Eighth plea in law, alleging that that the contested decision is based on the ECB’s illegal opposition to the acquisition of Bank X.

| 9. | Ninth plea in law, alleging that the contested decision violates the principle of equal treatment. |
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9.

Ninth plea in law, alleging that the contested decision violates the principle of equal treatment.

| 10. | Tenth plea in law, alleging that the contested decision violates the principles of legal certainty and legitimate expectations. |
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10.

Tenth plea in law, alleging that the contested decision violates the principles of legal certainty and legitimate expectations.

| 11. | Eleventh plea in law, alleging that the contested decision violates the nemo auditur principle. |
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11.

Eleventh plea in law, alleging that the contested decision violates the nemo auditur principle.

| 12. | Twelfth plea in law, alleging that the contested decision is vitiated procedurally because the ECB failed to take appropriate steps to eliminate the influence of officials with a conflict of interest. |
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12.

Twelfth plea in law, alleging that the contested decision is vitiated procedurally because the ECB failed to take appropriate steps to eliminate the influence of officials with a conflict of interest.

| 13. | Thirteenth plea in law, alleging that the ECB committed a détournement de pouvoir. |
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13.

Thirteenth plea in law, alleging that the ECB committed a détournement de pouvoir.

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