Case T-282/18: Order of the General Court of 14 May 2020 –Bernis and Others v SRB (Action for annulment — Economic and Monetary Union — Banking Union — Single resolution mechanism for credit institutions and certain investment firms (SRM) — Article 18(1) of Regulation (EU) No 806/2014 — Resolution procedure applicable where an entity is failing or is likely to fail — Parent company and subsidiary — Declaration by the ECB that an entity is failing or is likely to fail — Decision of the SRB not to adopt a resolution scheme — Lack of public interest — Winding up in accordance with national law — Shareholders — Lack of individual concern — Inadmissibility)
Date: 2020-05-14
Institutions: General Court
Subjects: abuse of power, company in difficulties, credit institution, equal treatment, liquidation, ownership, principle of proportionality, right of establishment, right to justice, subsidiary








C_2020222EN.01002201.xml










6.7.2020   


EN


Official Journal of the European Union


C 222/22






Order of the General Court of 14 May 2020 –Bernis and Others v SRB
(Case T-282/18) (1)

(Action for annulment - Economic and Monetary Union - Banking Union - Single resolution mechanism for credit institutions and certain investment firms (SRM) - Article 18(1) of Regulation (EU) No 806/2014 - Resolution procedure applicable where an entity is failing or is likely to fail - Parent company and subsidiary - Declaration by the ECB that an entity is failing or is likely to fail - Decision of the SRB not to adopt a resolution scheme - Lack of public interest - Winding up in accordance with national law - Shareholders - Lack of individual concern - Inadmissibility)
(2020/C 222/24)
Language of the case: English

Parties


Applicants: Ernests Bernis (Jurmala, Latvia), Oļegs Fiļs (Jurmala), OF Holding SIA (Riga, Latvia), Cassandra Holding Company SIA (Jurmala) (represented by: O. Behrends, lawyer)

Defendant: Single Resolution Board (represented by: J. De Carpentier, M. Meijer Timmerman Thijssen, A. Valavanidou, H. Ehlers and E. Muratori, acting as Agents, and by A. Rivas, lawyer, and B. Heenan, Solicitor)

Intervener in support of the defendant: European Central Bank (represented by: G. Marafioti, E. Koupepidou and J. Rodríguez Cárcamo, acting as Agents)

Re:

Application under Article 263 TFEU seeking annulment of the decisions of the SRB of 23 February 2018, by which it decided not to adopt resolution schemes in respect of ABLV Bank AS and its subsidiary, ABLV Bank Luxembourg SA, under Article 18(1) of Regulation (EU) No 806/2014 of the European Parliament and of the Council of 15 July 2014 establishing uniform rules and a uniform procedure for the resolution of credit institutions and certain investment firms in the framework of a Single Resolution Mechanism and a Single Resolution Fund and amending Regulation (EU) No 1093/2010 (OJ 2014 L 225, p. 1).

Operative part of the order







1.


The action is dismissed as inadmissible.










2.


Messrs Ernests Bernis and Oļegs Fiļs, OF Holding SIA and Cassandra Holding Company SIA shall bear their own costs and shall pay those incurred by the Single Resolution Board (SRB) and the European Central Bank (ECB).






(1)  OJ C 259, 23.7.2018.