Information;Order — ECLI:EU:T:2025:452
Date: 2025-04-30
Language of the case: French
Procedure: Action for annulment
Origin: France

Order of the General Court (Tenth Chamber, Extended Composition) of 30 April 2025 – BPCE and Others v SRB (Ex ante contributions for 2019) (Case T‑489/19) ( 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 2019 – Withdrawal of the measure initially challenged – No need to adjudicate in part – Duty to state reasons – Right to be heard – Error of law – Manifest error of assessment – Plea of illegality – Action in part manifestly lacking any foundation in law ) 1. Fundamental rights – Charter of Fundamental Rights – Equal treatment – EU rules in a particular policy area – Economic operators affected in different ways in the light of their individual situation or of national rules – Principle of non-discrimination – Breach – None (Charter of Fundamental Rights of the European Union, Art. 21) (see paragraphs 141-144, 146) 2. EU institutions – Exercise of powers – Power conferred on the Commission to adopt delegated acts – Scope – Complex assessments and evaluations – Broad discretion – Directive 2014/59 establishing a framework for the recovery and resolution of credit institutions and investment firms – Establishment of the criteria for adjusting ex ante contributions – Judicial review – Limits (Art. 290 TFEU; Commission Regulation 2015/63, Arts 6 and 7, and Annex I; European Parliament and Council Directive 2014/59, Art. 103(7)) (see paragraphs 141-144, 146) 3. EU law – Principles – Legal certainty – EU rules – Requirements of clarity and precision – Limits (see paragraphs 194-197) 4. Acts of the institutions – Statement of reasons – Obligation – Scope – Decision of the Single Resolution Board (SRB) establishing the ex ante contributions to the Single Resolution Fund (SRF) – Not necessary to include, in that decision, all figures necessary for verifying the accuracy of the calculation of the contributions – Weighing the obligation to state reasons against the general principle of protection of the business secrets of the institutions concerned – Legality of the provisions of Delegated Regulation 2015/63 concerning the methodology for the calculation of the ex ante contributions to the SRF (Art. 296, second para., TFEU; European Parliament and Council Regulation No 806/2014; Commission Regulation 2015/63; European Parliament and Council Directive 2014/59) (see paragraphs 200-203, 208, 210, 211) 5. Plea of illegality – Admissibility criteria – Plea put forward in a statement of modification of the initial pleadings – Matters of fact and of law known at the time of lodging the application – No amending of the matters of fact and of law in the measure replacing or amending the measure initially contested – Inadmissibility (Rules of Procedure of the General Court, Art. 86) (see paragraphs 225, 226, 228, 232, 234) 6. Acts of the institutions – Statement of reasons – Obligation – Scope – Decision of the Single Resolution Board (SRB) establishing the ex ante contributions to the Single Resolution Fund (SRF) – Not necessary to include, in that decision, all figures necessary for verifying the accuracy of the calculation of the contributions (Art. 296, second para., TFEU) (see paragraphs 241, 242) 7. Acts of the institutions – Statement of reasons – Obligation – Scope – Decision of the Single Resolution Board (SRB) establishing the ex ante contributions to the Single Resolution Fund (SRF) – Failure to take account of risk indicators and sub-indicators in the calculation of those contributions – Whether permissible (Commission Regulation 2015/63, Art. 20(1)) (see paragraphs 274-278) 8. Economic and monetary policy – Economic policy – Single Resolution Mechanism for credit institutions and certain investment firms – Ex ante contributions to the Single Resolution Fund – Failure to take account of risk indicators and sub-indicators in the calculation of those contributions – Conditions (Commission Regulations No 680/2014, 2015/63, Arts 6, 7, 14 and 20(1), 2021/451 and 2021/763; European Parliament and Council Directive 2014/59) (see paragraphs 274-278) 9. EU law – Principles – Rights of the defence – Right to be heard – Scope – Communication from the Single Resolution Board (SRB) informing the applicant of the withdrawal of a decision and its replacement – Whether permissible – Infringement of the right to be heard – None (Charter of Fundamental Rights of the European Union, Art. 41(2)(a)) (see paragraphs 325, 327) 10. 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 on the aggregate amount of the individual contributions to the SRF set at 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 paragraph 343) 11. 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 on the aggregate amount of the individual contributions to the SRF set at 12.5% of the final target level – Scope – Cap not to be exceeded by the Single Resolution Board (SRB) – Criteria for assessment – Dynamic approach to the final target level (European Parliament and Council Regulation No 806/2014, Arts 69(1) and 70(2), first and fourth subparas) (see paragraph 343) Operative part 1. There is no longer any need to rule on the claim for annulment of Decision SRB/ES/SRF/2019/10 of the Single Resolution Board (SRB) of 16 April 2019 on the calculation of the ex ante contributions for 2019 to the Single Resolution Fund. 2. The action is dismissed as to the remainder. 3. BPCE and the other parties whose names are set out in the annex shall bear their own costs and pay those incurred by the SRB. 4. The European Parliament, the Council of the European Union and the European Commission shall bear their own costs.