Information;Order — ECLI:EU:C:2024:273
Date: 2024-03-22
Language of the case: English
Court formation: President of the Chamber
Subject matter: Economic and monetary policy
Procedure: Application to intervene;Action for annulment;Appeal - unfounded;Appeal - inadmissible
Origin: Austria

Order of the President of the Court of 22 March 2024 – Sberbank v MeSoFa and SRB (Case C-676/23 P(I)) ( Appeal – Intervention – Economic and monetary policy – Single resolution mechanism for credit institutions and certain investment firms – Decision not to adopt a resolution scheme – Parent company – Interest in the result of the case ) 1. Judicial proceedings – Intervention – Admissibility criteria – Interest in the result of the case – Concept – Need for a direct and existing interest – Dispute relating to the lawfulness of a decision of the Single Resolution Board (SRB) not to adopt a resolution scheme – Lack of direct interest of a parent company – Limits – Solution capable of altering the legal situation of that parent company (Statute of the Court of Justice, Art. 40, second para.) (see paragraphs 23-25, 29-31, 45-47, 75-79) 2. Fundamental rights – Right to effective judicial protection – Right to an effective remedy – Whether those rights can be relied on (Charter of Fundamental Rights of the European Union, Art. 47; Statute of the Court of Justice, Art. 40, second para.) (see paragraphs 32, 33) 3. Appeal – Grounds – Error of law relied on not identified –Ground lacking precision – Inadmissibility (Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Art. 168(1)(d)) (see paragraphs 49-51) 4. Appeal – Grounds – Incorrect assessment of the facts and evidence – Inadmissibility – Review by the Court of Justice of the assessment of the facts and evidence – Possible only where the facts or evidence have been distorted (Art. 256(1), second subpara., TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paragraphs 66, 67) 5. Judicial proceedings – Intervention – Subjection of the application to intervene to a reduced burden of proof – None (Statute of the Court of Justice, Art. 40, second para.) (see paragraph 69) Operative part 1. The appeal is dismissed. 2. Sberbank of Russia PAO shall bear its own costs relating to the appeal proceedings and pay those incurred by the Single Resolution Board (SRB).