Joined Cases T-377/16, T-645/16 and T-809/16: Judgment of the General Court of 28 November 2019 — Hypo Vorarlberg Bank v SRB (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 2016 ex-ante contributions — Action for annulment — Direct and individual concern — Admissibility — Essential procedural requirements — Authentication of the decision — Procedure for the adoption of the decision — Obligation to state reasons — Limitation in time of the effects of the judgment)
Date: 2019-11-28
Institutions: General Court
Subjects: EU banking union, aid to undertakings, company in difficulties, credit institution, financial legislation, financing method, financing plan, fund (EU), investment company, payment








C_2020036EN.01002301.xml










3.2.2020   


EN


Official Journal of the European Union


C 36/23






Judgment of the General Court of 28 November 2019 — Hypo Vorarlberg Bank v SRB
(Joined Cases T-377/16, T-645/16 and T-809/16) (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 2016 ex-ante contributions - Action for annulment - Direct and individual concern - Admissibility - Essential procedural requirements - Authentication of the decision - Procedure for the adoption of the decision - Obligation to state reasons - Limitation in time of the effects of the judgment)
(2020/C 36/27)
Language of the case: German

Parties


Applicant: Hypo Vorarlberg Bank AG, formerly Vorarlberger Landes- und Hypothekenbank AG (Bregenz, Austria) (represented by: G. Eisenberger and A. Brenneis, lawyers)

Defendant: Single Resolution Board (represented by: B. Meyring, S. Schelo, T. Klupsch and S. Ianc, lawyers)

Intervener in support of the applicant: Italian Republic (represented by: G. Palmieri, Agent)

Re:

Application based on Article 263 TFEU seeking the annulment, first, of the decision of the SRB in its executive session of 15 April 2016 on the 2016 ex-ante contributions to the Single Resolution Fund (SRB/ES/SRF/2016/06) and, second, of the decision of the SRB in its executive session of 20 May 2016 on the adjustment of the 2016 ex-ante contributions to the Single Resolution Fund, supplementing the decision of the SRB in its executive session of 15 April 2016 on the 2016 ex-ante contributions to the Single Resolution Fund (SRB/ES/SRF/2016/13), to the extent that they concern the applicant.

Operative part of the judgment

The Court:






1.



in Cases T-645/16 and T-809/16, dismisses the actions as inadmissible;











2.



in Case T-377/16, annuls the decision of the Single Resolution Board (SRB) in its executive session of 15 April 2016 on the 2016 ex-ante contributions to the Single Resolution Fund (SRB/ES/SRF/2016/06) and the decision of the SRB in its executive session of 20 May 2016 on the adjustment of the 2016 ex-ante contributions to the Single Resolution Fund, supplementing the decision of the SRB in its executive session of 15 April 2016 on the 2016 ex-ante contributions to the Single Resolution Fund (SRB/ES/SRF/2016/13), to the extent that they concern Hypo Vorarlberg Bank AG;











3.



orders the SRB to bear its own costs and to pay those incurred by Hypo Vorarlberg Bank in Case T-377/16;











4.



orders Hypo Vorarlberg Bank to bear its own costs and to pay those incurred by the SRB in Cases T-645/16 and T-809/16, and in Case T-645/16 R;











5.



orders the Italian Republic to bear its own costs.







(1)  OJ C 343, 19.9.2016.