do-me/EUR-LEX huggingface dataset:
Case T-404/21: Judgment of the General Court of 20 March 2024 – DZ Bank v SRB
Date: 2024-03-20
Institutions: General Court
Subjects: EU banking union, bank, bank resolution, discretionary power, equal treatment, financing method, financing plan, judicial review, principle of proportionality, right to an effective remedy








C_202402945EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/2945


6.5.2024






Judgment of the General Court of 20 March 2024 – DZ Bank v SRB


(Case T-404/21)
                (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 calculation of the 2021 ex ante contributions - Duty to state reasons - Effective judicial protection - Equal treatment - Principle of proportionality - SRB’s discretion - Plea of illegality - Commission’s discretion - Limitation of the temporal effects of the judgment)
(C/2024/2945)
Language of the case: German

Parties


Applicant: DZ Bank AG Deutsche Zentral-Genossenschaftsbank, Frankfurt am Main, formerly DVB Bank SE (Frankfurt am Main, Germany) (represented by: H. Berger, M. Weber and D. Schoo, lawyers)

Defendant: Single Resolution Board (represented by: J. Kerlin, T. Wittenberg and D. Ceran, acting as Agents, and by H.-G. Kamann, F. Louis, P. Gey and L. Hesse, lawyers)

Intervener in support of the defendant: European Commission (represented by: D. Triantafyllou and A. Steiblytė, acting as Agents)

Re:

By its action under Article 263 TFEU, the applicant seeks the annulment of Decision SRB/ES/2021/22 of the Single Resolution Board (SRB) of 14 April 2021 on the calculation of the 2021 ex ante contributions to the Single Resolution Fund, in so far as that decision concerns it as successor in law to DVB Bank SE.

Operative part of the judgment

The Court:






1.


Annuls Decision SRB/ES/2021/22 of the Single Resolution Board (SRB) of 14 April 2021 on the calculation of the 2021 ex ante contributions to the Single Resolution Fund, in so far as it concerns DZ Bank AG Deutsche Zentral-Genossenschaftsbank, Frankfurt am Main, as successor in law to DVB Bank SE;










2.


Maintains the effects of Decision SRB/ES/2021/22, in so far as it concerns DZ Bank AG Deutsche Zentral-Genossenschaftsbank, Frankfurt am Main, as successor in law to DVB Bank SE, until the entry into force, within a reasonable period which cannot exceed six months from the date of delivery of the present judgment, of a new decision of the SRB fixing the ex ante contribution to the Single Resolution Fund of that institution for the 2021 contribution period;










3.


Orders the SRB to bear its own costs and to pay those incurred by DZ Bank AG Deutsche Zentral-Genossenschaftsbank, Frankfurt am Main;










4.


Orders the European Commission to bear its own costs.






(1)  
            OJ C 349, 30.8.2021.


ELI: http://data.europa.eu/eli/C/2024/2945/oj
ISSN 1977-091X (electronic edition)
Case T-623/18: Judgment of the General Court of 20 March 2024 – EO v Commission
Date: 2024-03-20
Institutions: General Court
Subjects: administrator, competition (EU), damages, equal treatment, recruitment








C_202403066EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/3066


13.5.2024






Judgment of the General Court of 20 March 2024 – EO v Commission


(Case T-623/18)
                (1)

(Civil service - Officials - Recruitment - Notice of competition - Open competitions EPSO/AD/323/16 and EPSO/AD/324/16 - Decision not to include the applicant on the reserve list - Language arrangements - Annulment of the competition notice - Consequences - Interest in bringing proceedings - Non-material damage)
(C/2024/3066)
Language of the case: English

Parties


Applicant: EO (represented by: E. Metodieva and V. Panayotov, lawyers)

Defendant: European Commission (represented by: D. Milanowska, L. Vernier and G. Gattinara, acting as Agents)

Re:

By her action based on Article 270 TFEU, the applicant seeks, first, the annulment of (i) the decision of 12 December 2017 by which the selection board for competition EPSO/AD/323/16 did not include her name on the reserve list drawn up at the end of the selection procedure, (ii) the decision of 9 July 2018 rejecting her complaint against that decision and (iii) the ‘results’ of that reserve list and, secondly, compensation for the material and non-material damage which she claims to have suffered as a result of the non-inclusion of her name on that reserve list.

Operative part of the judgment

The Court:






1.


Annuls the decision of the selection board for competition EPSO/AD/323/16 of 1 February 2018 rejecting EO’s request for review;










2.


Orders the European Commission to pay EO the sum of EUR 6 000;










3.


Dismisses the action as to the remainder;










4.


Orders the Commission to pay the costs.






(1)  
            OJ C 4, 7.1.2019.


ELI: http://data.europa.eu/eli/C/2024/3066/oj
ISSN 1977-091X (electronic edition)
Case T-261/23: Judgment of the General Court of 20 March 2024 – Acampora and Others v Commission
Date: 2024-03-20
Institutions: General Court
Subjects: Italy, access to EU information, admissibility, infringement of EU law, judge, ownership, right to justice








C_202403068EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/3068


13.5.2024






Judgment of the General Court of 20 March 2024 – Acampora and Others v Commission


(Case T-261/23)
                (1)

(Access to documents - Regulation (EC) No 1049/2001 - Documents concerning infringement proceedings brought by the Commission against Italy - Refusal of access - Exception concerning the protection of the purpose of inspections, investigations and audits - Obligation to state reasons - General presumption of confidentiality - Overriding public interest)
(C/2024/3068)
Language of the case: Italian

Parties


Applicants: Roberto Acampora (Naples, Italy) and the 171 other applicants whose names appear in the annex to the judgment (represented by: E. Iorio, lawyer)

Defendant: European Commission (represented by: M. Burón Pérez and A. Spina, Agents)

Re:

By their action based on Article 263 TFEU, the applicants seek the annulment of Commission Decision C(2023) 3436 of 21 May 2023, explicitly rejecting their request for access (GestDem 2023/0263) to the supplementary letter of formal notice of 15 July 2022 to the Italian Republic under infringement proceedings 2016/4081, relating to the compatibility with EU law of the national legislation governing the service provided by magistrati onorari (honorary judges), and to the Italian Republic’s response of 15 December 2022.

Operative part of the judgment

The Court:






1.


Declares that there is no longer any need to rule on the form of order seeking annulment of the implied decision of the European Commission of 15 March 2023 rejecting the confirmatory request for access;










2.


Dismisses the action as inadmissible inasmuch as it seeks the annulment of the Commission decision of 27 January 2023 rejecting the initial request for access;










3.


Dismisses the action as to the remainder;










4.


Orders the Commission to bear its own costs and to pay those of Mr Roberto Acampora and the other applicants whose names appear in the annex and which relate to the originating application and to the application for a declaration that there is no need to adjudicate;










5.


Orders Mr Acampora and the other applicants whose names appear in the annex to bear their own costs and to pay those of the Commission relating to the application to modify the application.






(1)  
            OJ C 261, 24.7.2023.


ELI: http://data.europa.eu/eli/C/2024/3068/oj
ISSN 1977-091X (electronic edition)