Order of the General Court of 30 April 2025 – BNP Paribas and Others v SRB
(Case T-467/19) 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 2019 ex ante contributions – Withdrawal of the act contested initially – No need to adjudicate in part – Obligation to state reasons – Right to be heard – Error in law – Manifest error of assessment – Plea of illegality – Action in part manifestly lacking any foundation in law)
Language of the case: French
Parties
Applicants: BNP Paribas, acting on its own behalf and as successor in law to BNP Paribas Securities Services (Paris, France), BNP Paribas Arbitrage (Paris) (represented by: A. Gosset-Grainville and M. Trabucchi, lawyers)
Defendant: Single Resolution Board (represented by: C. De Falco and C. Flynn, acting as Agents, and by H.-G. Kamann, F. Louis, G. Barthet and V. Del Pozo Espinosa de los Monteros, lawyers)
Interveners in support of the defendant: European Parliament (represented by: C. Ionescu Dima, L. Visaggio and J. Etienne, acting as Agents), Council of the European Union (represented by: M. Chavrier, J. Bauerschmidt, E. d’Ursel and A. Westerhof Löfflerová, acting as Agents), European Commission (represented by: D. Triantafyllou, acting as Agent)
Re:
By their action under Article 263 TFEU, the applicants seek annulment of Decision SRB/ES/SRF/2019/10 of the Single Resolution Board (SRB) of 16 April 2019 on the calculation of the 2019 ex ante contributions to the Single Resolution Fund, in so far as that decision concerns them, and of Decision SRB/ES/2022/47 of the SRB of 8 August 2022 withdrawing Decision SRB/ES/SRF/2019/10 of the SRB of 16 April 2019 on the 2019 ex-ante contributions to the Single Resolution Fund in so far as it concerns the institutions listed in Annex I thereto and calculating the 2019 ex ante contributions of those institutions to the SRF, in so far as it concerns the applicants.
Operative part of the order
There is no longer any need to rule on the claim seeking annulment of Decision SRB/ES/SRF/2019/10 of the Single Resolution Board (SRB) of 16 April 2019 on the calculation of the 2019 ex ante contributions to the Single Resolution Fund.
The action is dismissed as to the remainder.
BNP Paribas, acting on its own behalf and as successor in law to BNP Paribas Securities Services, and BNP Paribas Arbitrage shall bear their own costs and pay those incurred by the SRB.
The European Parliament, the Council of the European Union and the European Commission shall bear their own costs.
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1     OJ C 295, 2.9.2019.