# C_2023338EN.01003601.xml

| 25.9.2023 | EN | Official Journal of the European Union | C 338/36 |
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25.9.2023

EN

Official Journal of the European Union

C 338/36

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Action brought on 8 August 2023 — Banco Credibom v SRB

(Case T-481/23)

(2023/C 338/46)

Language of the case: English

Parties

Applicant: Banco Credibom, SA (Porto Salvo, Portugal) (represented by: H. Berger, M. Weber and D. Schoo, lawyers)

Defendant: Single Resolution Board

Form of order sought

The applicant claims that the Court should:

| — | annul the Decision of the SRB of 2 May 2023, document no. SRB/ES/2023/23, including Annexes I, II and III, as far as it concerns the ex-ante contribution of the applicant; |
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annul the Decision of the SRB of 2 May 2023, document no. SRB/ES/2023/23, including Annexes I, II and III, as far as it concerns the ex-ante contribution of the applicant;

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

Pleas in law and main arguments

In support of the action, the applicant relies on two pleas in law.

| 1. | First plea in law, alleging that the SRB has infringed Article 70(2) of Regulation (EU) No 806/2014 (1) by not applying the binding 12,5 % cap to the target level when determining the annual target level. |
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1.

First plea in law, alleging that the SRB has infringed Article 70(2) of Regulation (EU) No 806/2014 (1) by not applying the binding 12,5 % cap to the target level when determining the annual target level.

| 2. | Second plea in law, alleging that the Commission Delegated Regulation (EU) 2015/63 (2) is in breach of the delegated powers conferred on the Commission by Article 103(7) of the Directive 2014/59/EU (3), the principle of equal treatment and the principle of risk-based contributions, respectively the principle of proportionality, in that it does not allow the SRB to exclude the applicant’s additional liabilities arising from a securitisation transaction carried out in 2021. |
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2.

Second plea in law, alleging that the Commission Delegated Regulation (EU) 2015/63 (2) is in breach of the delegated powers conferred on the Commission by Article 103(7) of the Directive 2014/59/EU (3), the principle of equal treatment and the principle of risk-based contributions, respectively the principle of proportionality, in that it does not allow the SRB to exclude the applicant’s additional liabilities arising from a securitisation transaction carried out in 2021.

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(1)  Regulation (EU) No 806/2014 of the European Parliament and of the Council of 15 July 2014 establishing uniform rules and a uniform procedure for the resolution of credit institutions and certain investment firms in the framework of a Single Resolution Mechanism and a Single Resolution Fund and amending Regulation (EU) No 1093/2010 (OJ 2014 L 225, p. 1).

(2)  Commission Delegated Regulation (EU) 2015/63 of 21 October 2014 supplementing Directive 2014/59/EU of the European Parliament and of the Council with regard to ex ante contributions to resolution financing arrangements (OJ 2015 L 11, p. 44).

(3)  Directive 2014/59/EU of the European Parliament and of the Council of 15 May 2014 establishing a framework for the recovery and resolution of credit institutions and investment firms and amending Council Directive 82/891/EEC, and Directives 2001/24/EC, 2002/47/EC, 2004/25/EC, 2005/56/EC, 2007/36/EC, 2011/35/EU, 2012/30/EU and 2013/36/EU, and Regulations (EU) No 1093/2010 and (EU) No 648/2012, of the European Parliament and of the Council Text with EEA relevance (OJ 2014 L 173, p. 190).

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