Case T-461/23: Action brought on 2 August 2023 — Dexia Crédit Local v SRB
Date: 2023-08-02
Institutions: General Court
Subjects: EU banking union, bank resolution, company in difficulties, credit institution, equal treatment, financing method, financing plan, principle of proportionality








C_202300027EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/27


9.10.2023





Action brought on 2 August 2023 — Dexia Crédit Local v SRB
(Case T-461/23)
(C/2023/27)
Language of the case: French

Parties


Applicant: Dexia Crédit Local (Paris, France) (represented by: H. Gilliams and J. Gollier, lawyers)

Defendant: Single Resolution Board (SRB)

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 (SRF) with reference SRB/ES/2023/23;










—


order the Single Resolution Board to pay the costs of the proceedings.





Pleas in law and main arguments

In support of the action, the applicant puts forward five pleas in law.






1.


First plea in law, alleging that the contested decision infringes Article 69 of Regulation No 806/2014 (1) in so far as it sets the target level for 2023 at an amount exceeding 12,5 % of the target level.










2.


Second plea in law, alleging that Delegated Regulation No 2015/63 (2) is unlawful:






—


on the ground that it infringes the principle of proportionality in so far as the calculation of the ex-ante contributions to the SRF, first, is not consistent with the objectives pursued by Regulation No 806/2014, second, does not take into account the fact that the applicant is a credit institution in run-off management which is covered by a State guarantee and in respect of which the SRF will theoretically never be called upon and, lastly, makes its orderly resolution more expensive;










—


on the ground that it infringes the principle of equal treatment in so far as it treats institutions in run-off management under State guarantee and operational institutions in the same way.














3.


Third plea in law, put forward in the alternative, alleging that the SRB infringed the principles of proportionality and equal treatment for the same reasons as those stated in the second plea in law, in so far as the SRB failed to respect those principles by applying, without any adjustment, the provisions of Delegated Regulation 2015/63 to the applicant;










4.


Fourth plea in law, alleging lack of legal basis for Articles 5, 69 and 70 of Regulation No 806/2014 in so far as they were adopted on the basis of Article 114 TFEU even though they do not concern approximation of laws.










5.


Fifth plea in law, alleging lack of legal basis for Articles 69 and 70 of Regulation No 806/2014 in so far as they were adopted on the basis of Article 114 TFEU despite the fact that they are fiscal provisions.






(1)  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 255, p. 1).

(2)  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).


ELI: http://data.europa.eu/eli/C/2023/27/oj
ISSN 1977-091X (electronic edition)