Information;Judgment — ECLI:EU:T:2020:437
Date: 2020-09-23
Language of the case: German
Court formation: Eighth Chamber, Extended Composition
Subject matter: Economic and monetary policy
Procedure: Action for annulment - successful
Origin: Austria

Judgment of the General Court (Eighth Chamber, Extended Composition) of 23 September 2020 – Hypo Vorarlberg Bank v SRB (Case T‑414/17) (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 2017 ex ante contributions – Action for annulment – Direct and individual concern – Admissibility – Essential procedural requirements – Authentication of the decision – Obligation to state reasons – Limitation of the temporal effects of the judgment) 1. Action for annulment – Natural or legal persons – Locus standi – Measures of direct and individual concern to them – Decisions of the Single Resolution Board (SRB) on the calculation of the ex ante contributions to the Single Resolution Fund (SRF) – Direct and individual concern of an institution owing those contributions (Art. 263, fourth para. TFEU; European Parliament and Council Regulation No 806/2014, Arts 67(4) and 70(2)) (see paras 26, 27, 62, 65) 2. Action for annulment – Pleas in law – Infringement of essential procedural requirements – Lack of authentication of the contested decision – Need to rely on harm or defects other than lack of authentication – None – Issue that must be raised of the Court’s own motion (Art. 263 TFEU) (see paras 29, 31-36) 3. Action for annulment – Pleas in law – Infringement of essential procedural requirements – Lack of authentication of the contested decision – Annex to the contested decision constituting an essential component thereof – Electronic document not signed and not inextricably linked to the text of the contested decision (Art. 263 TFEU) (see paras 40, 41, 48) 4. Action for annulment – Pleas in law – Infringement of essential procedural requirements – Lack of authentication of an act – Absence of or inadequate statement of reasons – Issue that must be raised of the Court’s own motion (Arts 263 and 296 TFEU) (see paras 43, 44, 100) 5. Acts of the institutions – Statement of reasons – Obligation – Scope – Close connection between the obligation to state reasons and the right to effective judicial protection (Art. 296, second para. TFEU; Charter of Fundamental Rights of the European Union, Art. 47) (see paras 57-61, 63) 6. Acts of the institutions – Statement of reasons – Obligation – Scope – Decision of the Single Resolution Board (SRB) on the calculation of the ex ante contributions to the Single Resolution Fund (SRF) – Opacity of the calculation of the ex ante contributions – Calculation relying in an interdependent manner on the confidential data of the other institutions – Infringement of the obligation to state reasons stemming, in respect of the part of the calculation relating to the risk adjustment, from the illegal nature, alleged by means of a plea in law, of Articles 4 to 7 and 9 of, and Annex I to, Delegated Regulation 2015/63 (Arts 296 and 277 TFEU; European Parliament and Council Regulation No 806/2014, Arts 67(4) and 70(2); Commission Regulation 2015/63, Arts 4 to 7 and 9 and Annex I; European Parliament and Council Directive 2014/59, Art. 103) (see paras 66, 69, 76, 81, 84, 98, 100, 102) 7. Action for annulment – Judgment annulling a measure – Effects – Limitation by the Court – Decision of the Single Resolution Board (SRB) establishing the ex ante contributions to the Single Resolution Fund (SRF) – Annulment calling into question the collection of sums of money made on the basis of the annulled measure – Risk of undermining the legal certainty of the interests involved – None (Art. 264, second para. TFEU) (see paras 106-109) Re: Application based on Article 263 TFEU seeking annulment of the decision of the SRB in its executive session of 11 April 2017 on the calculation of the 2017 ex-ante contributions to the Single Resolution Fund (SRB/ES/SRF/2017/05), in so far as it concerns the applicant. Operative part The Court: 1. annuls the decision of the Single Resolution Board (SRB) in its executive session of 11 April 2017 on the calculation of the 2017 ex-ante contributions to the Single Resolution Fund (SRB/ES/SRF/2017/05), in so far as it concerns Hypo Vorarlberg Bank AG; 2. orders the SRB to bear its own costs and to pay those incurred by Hypo Vorarlberg Bank.