Information;Order — ECLI:EU:T:2025:501
Date: 2025-05-14
Language of the case: German
Court formation: Eighth Chamber, Extended Composition
Procedure: Action for annulment - unfounded
Origin: Germany

Order of the General Court (Eighth Chamber, Extended Composition) of 14 May 2025 – Max Heinr. Sutor v SRB (2020 ex ante contributions) (Case T‑427/20) ( 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 2020 ex ante contributions – Obligation to state reasons – Plea of illegality – Action manifestly lacking any foundation in law ) 1. Economic and monetary policy – Economic policy – Single Resolution Mechanism for credit institutions and certain investment firms – Ex ante contributions to the Single Resolution Fund (SRF) – Inclusion of the fiduciary liabilities of a credit institution authorised to perform investment activities in the calculation of those contributions – Whether permissible (Commission Regulation 2015/63, Art. 5(1)(e); European Parliament and Council Directive 2014/59, Art. 2(2), point 3) (see paragraphs 41, 43, 56) 2. EU institutions – Exercise of powers – Power conferred on the Commission to adopt delegated acts – Scope – Complex assessments and evaluations – Broad discretion – Directive 2014/59 establishing a framework for the recovery and resolution of credit institutions and investment firms – Establishment of the criteria for adjusting ex ante contributions – Judicial review – Limits (Art. 290 TFEU; European Parliament and Council Regulation No 806/2014, recital 41; European Parliament and Council Directive 2014/59, Art. 103(7)) (see paragraphs 66-69, 75) 3. Economic and monetary policy – Economic policy – Single Resolution Mechanism for credit institutions and certain investment firms – Ex ante contributions to the Single Resolution Fund (SRF) – Inclusion of the fiduciary liabilities of a credit institution authorised to perform investment activities in the calculation of those contributions – Exposure of those liabilities to the same risks as those of investment firms in the event of insolvency – No breach of the principle of equal treatment (European Parliament and Council Regulation No 806/2014, recital 12 and Art. 18(1)(c); Commission Regulation 2015/63, Art. 5(1)(e)) (see paragraphs 96-99, 102) 4. Economic and monetary policy – Economic policy – Single Resolution Mechanism for credit institutions and certain investment firms – Ex ante contributions to the Single Resolution Fund (SRF) – Inclusion of the fiduciary liabilities of a credit institution authorised to perform investment activities in the calculation of those contributions – Principle of including those liabilities in the balance sheet of the institution concerned – Possibility of derogation offered to Member States permitting institutions to disclose those liabilities off the balance sheet – No breach of the principle of equal treatment resulting from divergences existing between the national legislations (European Parliament and Council Regulation No 806/2014, Art. 70(2), second subpara., point (b); European Parliament and Council Directive 2014/59, Art. 103(2); Council Directive 86/635, Art. 10(1)) (see paragraphs 105-107, 111, 113, 114) 5. Acts of the institutions – Statement of reasons – Obligation – Scope – Decision of the Single Resolution Board (SRB) establishing the ex ante contributions to the Single Resolution Fund (SRF) – Not necessary to include, in that decision, all figures necessary for verifying the accuracy of the calculation of the contributions – Weighing the obligation to state reasons against the general principle of protection of the business secrets of the institutions concerned – Legality of the provisions concerning the methodology for calculating the ex ante contributions to the SRF – Principle of non-disclosure of business secrets – Obligation for the SRB to publish or disclose to the institutions concerned, in collective and anonymised form, the information relating to the institutions that was used to calculate the ex ante contribution (Art. 296, second para., TFEU; European Parliament and Council Regulation No 806/2014; Commission Regulation 2015/63, Arts 4 to 7 and 9 and Annex I; European Parliament and Council Directive 2014/59) (see paragraphs 197-208, 219) Operative part 1. The action is dismissed. 2. Each party shall bear its own costs.