Information;Judgment — ECLI:EU:T:2024:736
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 (Eighth Chamber, Extended Composition) of 23 October 2024 – Deutsche Bank v SRB (Contributions ex ante 2022) (Case T-398/22) (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 Single Resolution Board (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 ) 1. Economic and monetary policy – Economic policy – Single Resolution Mechanism for credit institutions and certain investment firms – Ex ante contributions to the Single Resolution Fund (SRF) – Annual cap of the cumulative amount of individual contributions to the SRF determined to be 12.5% of the final target level – Scope – Application during the initial period (European Parliament and Council Regulation No 806/2014, Art. 70(2), first and fourth subparas) (see paragraphs 33, 41) 2. Economic and monetary policy – Economic policy – Single Resolution Mechanism for credit institutions and certain investment firms – Ex ante contributions to the Single Resolution Fund (SRF) – Annual cap of the cumulative amount of individual contributions to the SRF determined to be 12.5% of the final target level – Scope – That threshold is not exceeded by the Single Resolution Board (SRB) – Criteria for assessment – Dynamic approach of the final target level (European Parliament and Council Regulation No 806/2014, Arts 69(1) and 70(2), first and fourth subparas) (see paragraphs 44, 48-51) Operative part The Court: 1. 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 (SRF) in so far as it concerns Deutsche Bank AG; 2. Maintains the effects of Decision SRB/ES/2022/18, in so far as it concerns Deutsche Bank AG, until the SRB has taken the measures necessary to implement the present judgment, which must be within a reasonable period which cannot exceed 6 months from the day on which this decision becomes final; 3. Orders the SRB to bear its own costs and to pay those incurred by Deutsche Bank AG; 4. Orders the European Parliament and the Council of the European Union to bear their own costs. 1 OJ C 380, 3.10.2022.