Case T-402/21: Judgment of the General Court of 17 July 2024 – UniCredit Bank 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 – Obligation to state reasons – Right to be heard – Legal certainty – Effective judicial protection – Plea of illegality – Limitation of the temporal effects of the judgment)
Date: 2024-07-17
Institutions: General Court
Subjects: EU banking union, bank, bank resolution, company in difficulties, financing method, financing plan, fund (EU), legality, principle of legal certainty, right to an effective remedy








C_202500904EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2025/904


17.2.2025






Judgment of the General Court of 17 July 2024 – UniCredit Bank v SRB


(Case T-402/21)
                (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 - Obligation to state reasons - Right to be heard - Legal certainty - Effective judicial protection - Plea of illegality - Limitation of the temporal effects of the judgment)
(C/2025/904)
Language of the case: German

Parties


Applicant: UniCredit Bank GmbH, formerly UniCredit Bank AG (Munich, Germany) (represented by: F. Schäfer, H. Großerichter, F. Kruis and N. Bartmann, lawyers)

Defendant: Single Resolution Board (represented by: J. Kerlin, C. Flynn and D. Ceran, acting as Agents, and by G. Coppo, S. Reinart and K. Bongs, 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)

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 UniCredit Bank GmbH;










2.


Maintains the effects of Decision SRB/ES/2021/22, in so far as it concerns UniCredit Bank GmbH, 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 UniCredit Bank GmbH;










4.


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






(1)  
            OJ C 368, 13.9.2021.


ELI: http://data.europa.eu/eli/C/2025/904/oj
ISSN 1977-091X (electronic edition)