Information;Order — ECLI:EU:T:2019:740
Date: 2019-10-10
Language of the case: French
Court formation: Eighth Chamber
Subject matter: Economic and monetary policy
Procedure: Action for annulment - inadmissible
Origin: Luxembourg

Order of the General Court (Eighth Chamber) of 10 October 2019 – Aeris Invest v SRB (Case T‑599/18) (Action for annulment — Economic and monetary policy — Single resolution mechanism for credit institutions and certain investment firms — Resolution scheme in respect of Banco Popular Español — No ex-post definitive valuation of Banco Popular Español — Act not open to challenge — Inadmissibility) 1. Action for annulment — Actionable measures — Concept — Measures producing binding legal effects — Assessment by reference to objective criteria (Art. 263 TFEU) (see paras 34, 35) 2. Action for annulment — Actionable measures — Concept — Measures producing binding legal effects — Letter from an institution — Not included (Art. 263 TFEU) (see para. 36) 3. Action for annulment — Actionable measures — Concept — Measures producing binding legal effects — Single resolution mechanism for credit institutions and certain investment firms — Letter sent to the applicant containing a decision of the SRB not to carry out an ex post definitive valuation of the entity — Application to the entity of a sale of business tool not permitting the payment of compensation following a definitive valuation — Loss of the applicant’s capacity as a shareholder — Applicant’s situation not affected by a possible ex post definitive valuation — Not included (Art. 263 TFEU; European Parliament and Council Regulation No 806/2014, Art. 20(11), (12), (16), (17) and (18), Art. 76(1)(e) and Art. 24) (see paras 40-49, 51, 52, 54-62) 4. Action for annulment — Actionable measures — Concept — Measures producing binding legal effects — Not possible for that condition to be set aside by invoking the right to effective judicial protection (Art. 263 TFEU; Charter of Fundamental Rights of the European Union, Arts 47 and 52(7)) (see paras 64, 65) Re: Application under Article 263 TFEU for annulment of the ‘decision of the SRB, notified to the applicant by letter of 14 September 2018, not to carry out an ex-post definitive valuation of Banco Popular Español, SA’. Operative part 1. The action is dismissed as inadmissible. 2. Aeris Invest Sàrl shall pay the costs.