Information;Order — ECLI:EU:T:2024:549
Date: 2024-08-06
Language of the case: English
Court formation: Second Chamber
Subject matter: Economic and monetary policy
Procedure: Action for annulment - successful
Origin: Germany

Action brought on 31 July 2023 – CreditPlus Bank v SRB (Case T-451/23) Language of the case: English Parties Applicant: CreditPlus Bank AG (Stuttgart, Germany) (represented by: H. Berger, M. Weber and D. Schoo, lawyers) Defendant: Single Resolution Board Form of order sought The applicant claims that the Court should: annul the Decision of the SRB of 2 May 2023, document no. SRB/ES/2023/23, including Annexes I, II and III, as far as it concerns the ex-ante contribution of the applicant; order the SRB to pay the costs. Pleas in law and main arguments In support of the action, the applicant relies on two pleas in law. First plea in law, alleging that the SRB has infringed Article 70(2) of Regulation (EU) No 806/2014 1 by not applying the binding 12.5% cap to the target level when determining the annual target level. Second plea in law, alleging that the Commission Delegated Regulation (EU) 2015/63 1 is in breach of the delegated powers conferred on the Commission by Article 103(7) of the Directive 2014/59/EU 2 , the principle of equal treatment and the principle of risk-based contributions respectively the principle of proportionality in that it does not allow the SRB to exclude the applicant’s additional liabilities arising from a securitisation transaction carried out in 2021. ____________ 1 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). 1 Commission Delegated Regulation (EU) 2015/63 of 21 October 2014 supplementing Directive 2014/59/EU of the European Parliament and of the Council with regard to ex ante contributions to resolution financing arrangements (OJ 2015 L 11, p. 44). 1 Directive 2014/59/EU of the European Parliament and of the Council of 15 May 2014 establishing a framework for the recovery and resolution of credit institutions and investment firms and amending Council Directive 82/891/EEC, and Directives 2001/24/EC, 2002/47/EC, 2004/25/EC, 2005/56/EC, 2007/36/EC, 2011/35/EU, 2012/30/EU and 2013/36/EU, and Regulations (EU) No 1093/2010 and (EU) No 648/2012, of the European Parliament and of the Council Text with EEA relevance (OJ 2014 L 173, p. 190).