do-me/EUR-LEX huggingface dataset:
Case T-520/17: Action brought on 6 August 2017 — Gestvalor 2040 and Others v SRB
Date: 2017-08-06
Institutions: General Court
Subjects: Spain, abuse of power, aid for restructuring, company in difficulties, credit institution, damages, financial solvency, ownership, right to justice








C_2017402EN.01003901.xml










27.11.2017   


EN


Official Journal of the European Union


C 402/39





Action brought on 6 August 2017 — Gestvalor 2040 and Others v SRB
(Case T-520/17)
(2017/C 402/52)
Language of the case: Spanish

Parties


Applicants: Gestvalor 2040, SL (Madrid, Spain) and 596 other applicants (represented by: P. Rúa Sobrino, lawyer)

Defendant: Single Resolution Board

Form of order sought

The applicants claim that the General Court should take note of the annulment proceedings against the ‘Decision of the Single Resolution Board made at the Executive Session on 7 June 2017 relating to the resolution plan of Banco Popular Español, S.A., legal person identification No 80H66LPTVDLM0P28XF25, addressed to the FROB (SRB/EES/2017/08)’and, upon the completion of the relevant procedures;






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Annul the contested Decision;










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Declare Articles 18 and 29 of Regulation (EU) No 806/2014 illegal and inapplicable;










—


Order the Single Resolution Board to pay the costs.





Pleas in law and main arguments

The pleas in law and main arguments are similar to those put forward in Cases T-478/17, Mutualidad de la Abogacía and Hermandad Nacional de Arquitectos Superiores y Químicos v Single Resolution Board, T-481/17, Fundación Tatiana Pérez de Guzmán el Bueno and SFL v Single Resolution Board, T-482/17, Comercial Vascongada Recalde v Commission and Single Resolution Board, T-483/17, García Suárez and Others v Commission and Single Resolution Board, T-484/17, Fidesban and Others v Single Resolution Board, T-497/17, Sáchez del Valle and Calatrava Real State 2015 v Commission and Single Resolution Board, and T-498/17, Pablo Álvarez de Linera Granda v Commission and Single Resolution Board.
Case T-521/17: Action brought on 6 August 2017 — Hernández Díaz v SRB
Date: 2017-08-06
Institutions: General Court
Subjects: EU competition policy, Spain, aid for restructuring, company in difficulties, credit institution, damages, financial solvency, ownership, right to justice, transparency in decision-making








C_2017382EN.01004601.xml










13.11.2017   


EN


Official Journal of the European Union


C 382/46





Action brought on 6 August 2017 — Hernández Díaz v SRB
(Case T-521/17)
(2017/C 382/57)
Language of the case: Spanish

Parties


Applicant: Alberto Hernández Díaz (San Martin del Rey Aurelio, Spain) (represented by: L. Hernández Cabeza, lawyer)

Defendant: Single Resolution Board

Form of order sought

The applicant claims that that the General Court should:






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Annul the resolution decision concerning the Banco Popular, on grounds of serious and irreparable irregularities that result in the invalidity of that decision, in that (i) it is based on a Deloitte report which was not independent, (ii) shareholders are subjected to much more significant losses than they would be had an arrangement with creditors been entered into and (iii) the bail-in tool was not applied.










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Annul the sale of Banco Popular to the bank acquiring it for the price of EUR 1 on the ground of lack of transparency of the sale process which implies a serious violation of the principle of transparency as well as the principle of competition.










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Order SRB to pay compensation to the shareholders for the compulsory transfer of their shares, the value of which cannot at present be assessed given the lack of transparency of the resolution process.





Pleas in law and main arguments

The pleas in law and main arguments are similar to those put forward in Cases T-478/17, Mutualidad de la Abogacía and Hermandad Nacional de Arquitectos Superiores y Químicos v Single Resolution Board, T-481/17, Fundación Tatiana Pérez de Guzmán el Bueno and SFL v Single Resolution Board, T-482/17, Comercial Vascongada Recalde v Commission and Single Resolution Board, T-483/17, García Suárez and Others v Commission and Single Resolution Board, T-484/17, Fidesban and Others v Single Resolution Board, T-497/17, Sáchez del Valle and Calatrava Real State 2015 v Commission and Single Resolution Board, and T-498/17, Pablo Álvarez de Linera Granda v Commission and Single Resolution Board.