Order — ECLI:EU:T:2020:359
Date: 2020-07-16
Language of the case: English
Subject matter: Economic and monetary policy;Procedural provisions
Procedure: Action for annulment;Rectification
Origin: Latvia

Order of the General Court (Tenth Chamber) of 14 May 2020 – Bernis and Others v SRB (Case T‑282/18) (Action for annulment — Economic and Monetary Union — Banking Union — Single resolution mechanism for credit institutions and certain investment firms (SRM) — Article 18(1) of Regulation (EU) No 806/2014 — Resolution procedure applicable where an entity is failing or is likely to fail — Parent company and subsidiary — Declaration by the ECB that an entity is failing or is likely to fail — Decision of the SRB not to adopt a resolution scheme — Lack of public interest — Winding up in accordance with national law — Shareholders — Lack of individual concern — Inadmissibility) 1. Judicial proceedings — Objection of inadmissibility — Decision to join the application for a separate ruling on the objection of inadmissibility to the substance — Dismissal of the action as inadmissible by reasoned order — Whether permissible (Rules of Procedure of the General Court, Art. 130(1) and (6)) (see paras 29, 30) 2. Action for annulment — Natural or legal persons — Measures of direct and individual concern to them — Whether directly concerned — Criteria — decision of the Single Resolution Board (SRB) not to adopt the resolution scheme with regard to a credit institution — Determination of whether that decision directly affects the legal situation of the shareholders of that institution — No effect on the right of shareholders to receive dividends and to participate in the management of that credit institution — Lack of individual concern — Inadmissibility (Art. 263, fourth para. TFEU; European Parliament and Council Regulation No 806/2014, Art. 18(1), first para.) (see paras 35, 36, 39-46) Re: Application under Article 263 TFEU seeking annulment of the decisions of the SRB of 23 February 2018, by which it decided not to adopt resolution schemes in respect of ABLV Bank AS and its subsidiary, ABLV Bank Luxembourg SA, under Article 18(1) of 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)). Operative part 1. The action is dismissed as inadmissible. 2. Messrs Ernests Bernis and Oļegs Fiļs, OF Holding SIA and Cassandra Holding Company SIA shall bear their own costs and shall pay those incurred by the Single Resolution Board (SRB) and the European Central Bank (ECB).