Case T-393/22: Judgment of the General Court of 17 July 2024 – BPCE and Others v SRB (2022 ex ante contributions) (Economic and monetary union – Banking union – Single Resolution Mechanism of credit institutions and certain investment firms (SRM) – Single Resolution Fund (SRF) – Decision of the Single Resolution Board (SRB) on the calculation of the ex ante contributions for the 2022 contribution period – Article 70(2) of Regulation (EU) No 806/2014 – Error of law – Limitation of the temporal effects of the judgment)
Date: 2024-07-17
Institutions: General Court
Subjects: EU banking union, bank resolution, credit institution, financing method, financing plan, fund (EU)








C_202405321EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/5321


9.9.2024






Judgment of the General Court of 17 July 2024 – BPCE and Others v SRB (2022 ex ante contributions)


(Case T-393/22)
                (1)

(Economic and monetary union - Banking union - Single Resolution Mechanism of credit institutions and certain investment firms (SRM) - Single Resolution Fund (SRF) - Decision of the Single Resolution Board (SRB) on the calculation of the ex ante contributions for the 2022 contribution period - Article 70(2) of Regulation (EU) No 806/2014 - Error of law - Limitation of the temporal effects of the judgment)
(C/2024/5321)
Language of the case: French

Parties


Applicants: BPCE (Paris, France) and the 45 other applicants whose names are set out in the annex to the judgment (represented by: A. Gosset-Grainville, M. Trabucchi and C. Duriez, lawyers)

Defendant: Single Resolution Board (represented by: K.-P. Wojcik, J. Kerlin, C. Flynn and C. De Falco, acting as Agents, and by F. Louis, P. Gey and H.-G. Kamann, lawyers)

Interveners in support of the defendant: European Parliament (represented by: J. Etienne, M. Menegatti and G. Bartram, acting as Agents), Council of the European Union (represented by: E. d’Ursel, J. Haunold and A. Westerhof Löfflerová, acting as Agents)

Re:

By their action under Article 263 TFEU, the applicants seek the annulment of Decision SRB/ES/2022/18 of the Single Resolution Board (SRB) of 11 April 2022 on the calculation of the 2022 ex ante contributions to the Single Resolution Fund (SRF), in so far as it concerns them.

Operative part of the judgment

The Court:






1.


Annuls Decision SRB/ES/2022/18 of the Single Resolution Board (SRB) of 11 April 2022 on the calculation of the 2022 ex ante contributions to the Single Resolution Fund in so far as it concerns BPCE and the other applicants whose names are set out in the annex;










2.


Maintains the effects of Decision SRB/ES/2022/18, in so far as it concerns BPCE and the other applicants whose names are set out in the annex, until the SRB has taken the measures necessary to implement the present judgment, which must occur within a reasonable period that cannot exceed six months from the day on which the present judgment becomes final;










3.


Orders the SRB to bear its own costs and to pay those incurred by BPCE and the other applicants whose names are set out in the annex;










4.


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






(1)  
            OJ C 311, 16.8.2022.


ELI: http://data.europa.eu/eli/C/2024/5321/oj
ISSN 1977-091X (electronic edition)