Information;Judgment — ECLI:EU:T:2024:738
Date: 2024-10-23
Language of the case: German
Court formation: Eighth Chamber, Extended Composition
Subject matter: Economic and monetary policy
Procedure: Action for annulment - successful
Origin: Germany

Judgment of the General Court of 23 October 2024 – Berlin Hyp v SRB (Contributions ex ante 2022) (Case T-400/22) 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 calculation of the ex ante contributions for the 2022 contribution period – Article 70(2) of Regulation (EU) No 806/2014 – Error of law – Limitation of the temporal effects of the judgment) Language of the case: German Parties Applicant: Berlin Hyp AG (Berlin, Germany) (represented by: H. Berger, M. Weber and D. Schoo, lawyers) Defendant: Single Resolution Board (represented by: K.-P. Wojcik, J. Kerlin, T. Wittenberg and D. Ceran, acting as Agents, and by H.-G. Kamann and P. Gey, lawyers) Interveners in support of the defendant: European Parliament (represented by: J. Etienne, M. Menegatti and G. Bartram, 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/2022/18 of the Single Resolution Board (SRB) of 11 April 2022 on the calculation of the 2022 ex ante contributions to the Single Resolution Fund (SRF), in so far as that decision concerns it. Operative part of the judgment The Court: Annuls Decision SRB/ES/2022/18 of the Single Resolution Board (SRB) of 11 April 2022 on the calculation of the 2022 ex ante contributions to the Single Resolution Fund in so far as it concerns Berlin Hyp AG; Maintains the effects of Decision SRB/ES/2022/18, in so far as it concerns Berlin Hyp AG, until the SRB has taken the measures necessary to implement the present judgment, which must be within a reasonable period which cannot exceed six months from the day on which the present judgment becomes final; Orders the SRB to bear its own costs and to pay those incurred by Berlin Hyp AG; Orders the European Parliament and the Council of the European Union to bear their own costs. ____________ 1 OJ C 380, 3.10.2022.