Joined Cases C-551/19 P and C-552/19 P: Judgment of the Court (Third Chamber) of 6 May 2021 — ABLV Bank AS (C-551/19 P), Ernests Bernis, Oļegs Fiļs, OF Holding SIA, Cassandra Holding Company SIA (C-552/19 P) v European Central Bank (Appeal — Economic and monetary union — Banking union — Regulation (EU) No 806/2014 — Resolution of credit institutions and certain investment firms in the framework of a Single Resolution Mechanism (SRM) and a Single Resolution Fund — Article 18 — Resolution procedure — Conditions — Entity failing or likely to fail — Declaration by the European Central Bank (ECB) that an entity is failing or is likely to fail — Preparatory measure — Act not open to judicial review — Inadmissibility)
Date: 2021-05-06
Institutions: Court of Justice
Subjects: EU banking union, admissibility, bank, bank resolution, company in difficulties, crisis management, liquidation








C_2021278EN.01000601.xml










12.7.2021   


EN


Official Journal of the European Union


C 278/6






Judgment of the Court (Third Chamber) of 6 May 2021 — ABLV Bank AS (C-551/19 P), Ernests Bernis, Oļegs Fiļs, OF Holding SIA, Cassandra Holding Company SIA (C-552/19 P) v European Central Bank
(Joined Cases C-551/19 P and C-552/19 P) (1)

(Appeal - Economic and monetary union - Banking union - Regulation (EU) No 806/2014 - Resolution of credit institutions and certain investment firms in the framework of a Single Resolution Mechanism (SRM) and a Single Resolution Fund - Article 18 - Resolution procedure - Conditions - Entity failing or likely to fail - Declaration by the European Central Bank (ECB) that an entity is failing or is likely to fail - Preparatory measure - Act not open to judicial review - Inadmissibility)
(2021/C 278/07)
Language of the case: English

Parties


Appellants: ABLV Bank AS (C-551/19 P), Ernests Bernis, Oļegs Fiļs, OF Holding SIA, Cassandra Holding Company SIA (C-552/19 P) (represented initially by O. Behrends and M. Kirchner, Rechtsanwälte, and subsequently by O. Behrends)

Other party to the proceedings: European Central Bank (represented initially by E. Koupepidou and G. Marafioti, acting as Agents, and also by J. Rodríguez Cárcamo, abogado, then by E. Koupepidou, G. Marafioti and R. Ugena, acting as Agents)

Intervener in support of the European Central Bank: European Commission (represented initially by D. Triantafyllou, A. Nijenhuis, K.-P. Wojcik and A. Steiblytė, and subsequently by D. Triantafyllou, A. Nijenhuis and A. Steiblytė, acting as Agents)

Operative part of the judgment

The Court:






1.


Dismisses the appeals;










2.


Dismisses as being inadmissible the claim by the European Commission that the Court should replace the reasoning set out in paragraph 34 of the orders of the General Court of the European Union of 6 May 2019, ABLV Bank v ECB (T-281/18, EU:T:2019:296), and of 6 May 2019, Bernis and Others v ECB (T-283/18, not published, EU:T:2019:295), the subject of those appeals;










3.


Orders ABLV Bank AS to pay the costs in Case C-551/19 P;










4.


Orders Mr Ernests Bernis, Mr Oļegs Fiļs, OF Holding SIA and Cassandra Holding Company SIA to pay the costs in Case C-552/19 P;










5.


Orders the European Commission to bear its own costs.






(1)  OJ C 305, 9.9.2019.