Case T-360/21: Judgment of the General Court of 29 May 2024 – Portigon v SRB (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 – Plea of illegality – Legal basis of Regulation No 806/2014 – Article 114 TFEU – Equal treatment – Commission’s discretion – SRB’s discretion – Obligation to state reasons)
Date: 2024-05-29
Institutions: General Court
Subjects: EU banking union, company in difficulties, credit institution, discretionary power, equal treatment, financial planning, fund (EU), investment company, legal basis








C_202404320EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/4320


15.7.2024






Judgment of the General Court of 29 May 2024 – Portigon v SRB


(Case T-360/21)
                (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 - Plea of illegality - Legal basis of Regulation No 806/2014 - Article 114 TFEU - Equal treatment - Commission’s discretion - SRB’s discretion - Obligation to state reasons)
(C/2024/4320)
Language of the case: German

Parties


Applicant: Portigon AG (Düsseldorf, Germany) (represented by: D. Bliesener, V. Jungkind and C. van Kampen, lawyers)

Defendant: Single Resolution Board (represented by: J. Kerlin and D. Ceran, acting as Agents, and by B. Meyring, T. Klupsch and S. Ianc, lawyers)

Interveners in support of the defendant: European Parliament (represented by: U. Rösslein, M. Menegatti and G. Bartram, acting as Agents), Council of the European Union (represented by: J. Bauerschmidt, J. Haunold and A. Westerhof Löfflerová, acting as Agents), 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.

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 Portigon AG;










2.


Maintains the effects of Decision SRB/ES/2021/22, in so far as it concerns Portigon AG, 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 Portigon AG;










4.


Orders the European Parliament, the Council of the European Union and the European Commission to bear their own costs.






(1)  
            OJ C 320, 9.8.2021.


ELI: http://data.europa.eu/eli/C/2024/4320/oj
ISSN 1977-091X (electronic edition)