Judgment — ECLI:EU:C:2016:947
Date: 2016-12-14
Language of the case: English
Court formation: First Chamber
Subject matter: Economic and monetary policy
Procedure: Action for annulment;Appeal - unfounded;Appeal - inadmissible
Origin: Estonia

Summary — Judgment of the Court (First Chamber), 14 December 2016 1. Actions for annulment — Grounds — Lack of competence of the institution which adopted the contested measure — Examination by the EU judicature of its own motion (Art. 263 TFEU) 2. Economic and monetary policy — Economic policy — Supervision of the EU financial sector — Power of the European Banking Authority to investigate the breach or non-application of EU law — Competence of the Board of Appeal of the European Supervisory Authorities to rule on an action against a decision of the European Banking Authority refusing to investigate — Conditions (European Parliament and Council Regulation No 1093/2010, Arts 1(2) and 17 to 19; European Parliament and Council Directive 2006/48) 3. Actions for annulment — Time limits — Public policy — Examination by the EU judicature of its own motion (Art. 263, sixth para., TFEU) 4. Actions for annulment — Time limits — Point from which time starts to run — Notification — Calculation (Art. 263, sixth para., TFEU; Rules of Procedure of the Court of Justice, Arts 49 and 51; Rules of Procedure of the General Court, Arts 58 and 60) 5. Judicial proceedings — Time limit for instituting proceedings — Claim barred by lapse of time — Exceptions — Unforeseeable circumstances or force majeure — Meaning (Statute of the Court of Justice, Art. 45, second para.) 6. Judicial proceedings — Time limit for instituting proceedings — Claim barred by lapse of time — Excusable error — Concept — Scope 7. Appeal — Grounds — Ground of appeal against a ground of the judgment not necessary to support the operative part — Ground of appeal ineffective (Art. 256(1) TFEU; Statute of the Court of Justice, Art. 56, first para.) 8. Appeal — Grounds — Mere repetition of the pleas and arguments put forward before the General Court — Error of law relied on not identified — Inadmissibility (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Arts 168(1)(d) and 169) 1. See the text of the decision. (see paras 31, 32) 2. In order for an appeal to the Board of Appeal of the European Supervisory Authorities to lie against a decision of the European Banking Authority (EBA), that decision must be either one of the decisions referred to in Articles 17 to 19 of Regulation No 1093/2010 establishing a European Supervisory Authority or a decision taken in accordance with the Union acts referred to in Article 1(2) thereof. This is not the case of an EBA decision rejecting a complaint requesting that an investigation be initiated into an alleged breach of Directive 2006/48 relating to the taking up and pursuit of the business of credit institutions, in which the Authority did not express any view on whether or not that directive had been infringed by the competent authorities or by the credit institution concerned. In fact, that decision is not one of the decisions, referred to in Articles 18 and 19 of Regulation No 1093/2010, by which the EBA may require national supervisory authorities to take specific action, respectively, to address an emergency or to settle disagreements that may arise in cross-border situations between those authorities. That finding is a fortiori true since the complainant is not one of the entities expressly referred to in Article 17(2) of Regulation No 1093/2010 which may request the EBA to initiate an investigation into a breach of or failure to apply EU law. Moreover, the finding that the complainant is not one of the entities expressly referred to in Article 17(2) of Regulation No 1093/2010 is in no way altered by the fact that the EBA may initiate investigations on its own initiative. (see paras 35, 37, 38, 40, 41) 3. See the text of the decision. (see para. 52) 4. See the text of the decision. (see para. 53) 5. See the text of the decision. (see para. 56) 6. See the text of the decision. (see para. 59) 7. See the text of the decision. (see para. 65) 8. See the text of the decision. (see para. 69)