Case T-485/23: Action brought on 28 July 2023 — Deutsche Bank v SRB
Date: 2023-07-28
Institutions: General Court
Subjects: EU banking union, bank, bank resolution, financing method, financing plan, judicial review, principle of proportionality, right to justice, rights of the defence








C_2023338EN.01003802.xml










25.9.2023   


EN


Official Journal of the European Union


C 338/38






Action brought on 28 July 2023 — Deutsche Bank v SRB
(Case T-485/23)
(2023/C 338/49)
Language of the case: German

Parties


Applicant: Deutsche Bank AG (Frankfurt am Main, Germany) (represented by: H. Berger, M. Weber and D. Schoo, lawyers)

Defendant: Single Resolution Board

Form of order sought

The applicant claims that the Court should:






—


annul the decision of the Single Resolution Board of 2 May 2023 on the calculation of the 2023 ex-ante contributions to the Single Resolution Fund (SRB/ES/2023/23) together with annexes, at least in so far as the contested decision together with Annexes I, II and III concern the applicant’s contribution;










—


order the SRB to pay the costs.





Pleas in law and main arguments

In support of the action, the applicant relies on six pleas in law.






1.


First plea in law, alleging that the decision infringes the obligation to state reasons laid down in the second paragraph of Article 296 TFEU and Articles 41(1) and 41(2)(c) of the Charter of Fundamental Rights of the European Union (1) and the fundamental right to effective judicial protection under the first paragraph of Article 47 of the Charter, because it contains instances of failure to state reasons and a judicial review of the decision is practically impossible.










2.


Second plea in law, alleging that the decision infringes Articles 69 and 70 of Regulation (EU) No 806/2014 (2) and Articles 16, 17, 41 and 53 of the Charter, because the defendant erroneously determined the annual target level; in the alternative, Articles 69 and 70 of Regulation (EU) No 806/2014 infringe higher-ranking law.










3.


Third plea in law, alleging that Article 6 and Step 2 of Annex I to Delegated Regulation (EU) 2015/63 (3) infringe higher-ranking law because they fail to observe the principles of the Meroni (4) case-law, in that the Commission exceeded the areas of competence conferred on it and that they infringe the requirement to assess contributions in a risk-appropriate manner, the principle of proportionality and the requirement to take full account of the facts.










4.


Fourth plea in law, alleging in the alternative that the decision infringes Articles 16, 20 and 52 of the Charter and the principle of proportionality, because it is based on clear errors of assessment concerning the determination of the risk indicators in Risk Pillar IV.










5.


Fifth plea in law, alleging that the decision infringes Articles 16, 20, 41 and 52 of the Charter and the principle of proportionality and the right to good administration, because the risk adjustment was erroneous.










6.


Sixth plea in law, alleging that the first and second sentences of Article 20(1) of Delegated Regulation (EU) 2015/63 infringe higher-ranking law, because the regulation provides for the non-application of one or more risk indicators for an indefinite period where the information required therefor is not subject to a supervisory reporting requirement.






(1)  
            OJ 2012, C 326, p. 391.

(2)  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).

(3)  Commission Delegated Regulation (EU) 2015/63 of 21 October 2014 supplementing Directive 2014/59/EU of the European Parliament and of the Council with regard to ex ante contributions to resolution financing arrangements (OJ 2015 L 11, p. 44).

(4)  Judgment of 13 June 1958, Meroni v High Authority, 10/56, EU:C:1958:8.