Information;Judgment — ECLI:EU:T:2023:823
Date: 2023-12-20
Language of the case: French
Court formation: Eighth Chamber, Extended Composition
Subject matter: Economic and monetary policy
Procedure: Action for annulment - unfounded;Action for annulment - successful;Action for annulment - inadmissible
Origin: France

Judgment of the General Court (Eighth Chamber, Extended Composition) of 20 December 2023 – Confédération nationale du Crédit mutuel and Others v SRB (Case T-384/21) (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 2021 ex-ante contributions – Duty to state reasons – Principle of good administration – Principle of effective judicial protection – Plea of illegality – Limitation of the temporal effects of the judgment ) 1. Fundamental rights – Charter of Fundamental Rights – Equal treatment – EU rules in a particular policy area – Economic operators affected in different ways in the light of their individual situation or of national rules – Principle of non-discrimination – Infringement – Absence (Charter of Fundamental Rights of the European Union, Art. 21) (see paragraph 60) 2. EU institutions – Exercise of powers – Power conferred on the Commission to adopt delegated acts – Scope – Complex assessments and evaluations – Broad discretion – Determination of the method of calculating the ex ante contributions to the Single Resolution Fund (SRF) – Setting of criteria for adjustment of those contributions – Judicial review – Limits (Art. 290 TFEU; Commission Regulation 2015/63, Arts 6 and 7 and Annex I; European Parliament and Council Directive 2014/59, Art. 103(7)) (see paragraphs 151-153, 155) 3. 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 contribution – 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 method of calculating the ex ante contributions to the SRF (Art. 296, second para., TFEU; European Parliament and Council Regulation No 806/2014; Commission Regulation 2015/63; European Parliament and Council Directive 2014/59) (see paragraphs 195-198, 214, 216, 217) 4. Acts of the institutions – Statement of reasons – Obligation – Scope – Explanations regarding the reasons for the measure provided by the author during the proceedings before the EU judicature – Conditions – There must be no contradictions and the explanations must be consistent with those reasons (Art. 296, second para., TFEU) (see paragraphs 293-296) Operative part The Court: 1. Annuls Decision SRB/ES/2021/22 of the Single Resolution Board (SRB) of 14 April 2021 on the calculation of the 2021 ex-ante contributions to the Single Resolution Fund, in so far as it concerns Confédération nationale du Crédit mutuel and the other applicants whose names are listed in the annex; 2. Maintains the effects of Decision SRB/ES/2021/22 in so far as it concerns Confédération nationale du Crédit mutuel and the other applicants whose names are listed in the annex until the entry into force, within a reasonable period which cannot exceed six months from the date of delivery of the present judgment, of a new decision of the SRB fixing those institutions’ ex-ante contribution to the Single Resolution Fund for the 2021 contribution period; 3. Orders the SRB to bear its own costs and to pay those incurred by Confédération nationale du Crédit mutual and the other applicants whose names are listed in the annex; 4. Orders the European Parliament, the Council of the European Union and the European Commission to bear their own costs. 1 OJ C 338, 23.8.2021.