Order;Information — ECLI:EU:T:2024:536
Date: 2024-08-06
Language of the case: German
Court formation: Second Chamber
Subject matter: Economic and monetary policy
Procedure: Action for annulment - successful
Origin: Austria

Order of the General Court of 6 August 2024 – Schelhammer Capital Bank v SRB (Case T-387/23) 1 (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 ex ante contributions for the 2023 contribution period – Article 70(2) of Regulation (EU) No 806/2014 – Action manifestly well founded – Limitation of the temporal effects of the order) Language of the case: German Parties Applicant: Schelhammer Capital Bank AG (Vienna, Austria) (represented by: G. Eisenberger, A. Brenneis and J. Holzmann, lawyers) Defendant: Single Resolution Board (represented by: J. Kerlin, C. Flynn and D. Ceran, acting as Agents, and by B. Meyring and T. Klupsch, lawyers) Interveners in support of the defendant: European Parliament (represented by: J. Etienne and G. Bartram, acting as Agents), Council of the European Union (represented by: J. Haunold, A. Westerhof Löfflerová and J. Bauerschmidt, acting as Agents) Re: By its action under Article 263 TFEU, the applicant seeks the annulment of Decision SRB/ES/2023/23 of the Single Resolution Board (SRB) of 2 May 2023 on the calculation of the 2023 ex ante contributions to the Single Resolution Fund (SRF), in so far as that decision concerns it. Operative part of the order The Court hereby orders: 1. Decision SRB/ES/2023/23 of the Single Resolution Board (SRB) of 2 May 2023 on the calculation of the 2023 ex ante contributions to the Single Resolution Fund, in so far as it concerns Schelhammer Capital Bank AG is annulled. 2. The effects of Decision SRB/ES/2023/23, in so far as it concerns Schelhammer Capital Bank, are maintained until the SRB has taken the measures necessary to implement the present order, which must occur within a reasonable period that cannot exceed six months from the day on which the present order becomes final. 3. The SRB shall bear its own costs and pay those incurred by Schelhammer Capital Bank. 4. The European Parliament and the Council of the European Union shall bear their own costs. ____________ 1 OJ C 314, 4.9.2023.