Information;Order — ECLI:EU:C:2020:1059
Date: 2020-12-17
Language of the case: German
Court formation: Vice-President
Subject matter: Economic and monetary policy
Procedure: Action for annulment;Appeal - unfounded;Appeal - inadmissible;Application for interim measures

Order of the Vice-President of the Court of 17 December 2020 – Anglo Austrian AAB and Belegging-Maatschappij ‘Far-East’ v ECB (Case C‑114/20 P(R)) (Appeal – Interim order – Economic and monetary policy – Regulation (EU) No 1024/2013 – Prudential supervision of credit institutions – Conferral of specific tasks on the European Central Bank (ECB) – Decision to withdraw a credit institution’s authorisation) 1. Appeal – Grounds – Plea submitted for the first time in the context of the appeal – Inadmissibility (Art. 256(1), second para., TFEU; Statute of the Court of Justice, Art. 58, first para.) (see para. 36) 2. Appeal – Grounds – Incorrect assessment of the facts and evidence – Inadmissibility – Review by the Court of the assessment of the facts and evidence – Possible only where the clear sense of the evidence has been distorted (Art. 256(1), second para., TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paras 37, 38) 3. Application for interim relief – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Burden of proof – Damage foreseeable with a reasonable degree of probability (Arts 278 and 279 TFEU) (see paras 45, 49, 50, 56) 4. Application for interim relief – Suspension of operation of a measure – Interim measures – Conditions for granting – Serious and irreparable damage – Irreparable nature of the damage – Damage which cannot be quantified –Withdrawal of a credit institution’s authorisation – Precluded (Arts 278 and 279 TFEU) (see paras 51, 52) 5. Application for interim relief – Suspension of operation of a measure – Interim measures – Conditions for granting – Prima facie case – Urgency – Serious and irreparable damage – Cumulative nature – Balancing of all the interests involved – Order of examination and method of verification – Discretion of the court hearing the application for interim relief (Arts 278 and 279 TFEU; Rules of Procedure of the Court of Justice, Art. 160(3)) (see paras 64, 65) 6. Appeal – Grounds – Inadequate or contradictory grounds – Scope of the obligation to state reasons – Reliance by the General Court on implied reasoning – Whether permissible – Conditions (Statute of the Court of Justice, Arts 36 and 53, first para.; Rules of Procedure of the General Court, Art. 119) (see paras 86, 87) Operative part 1. The appeal is dismissed. 2. Anglo Austrian AAB AG and Belegging-Maatschappij ‘Far-East’ BV shall pay the costs.