Case T-526/17: Order of the General Court of 22 January 2025 – Ruiz Jayo and Others v SRB (Action for annulment and for damages – Economic and monetary policy – Single resolution mechanism for credit institutions and certain investment firms – Resolution scheme in respect of Banco Popular Español – Act not open to challenge – Manifest inadmissibility)
Date: 2025-01-22
Institutions: General Court
Subjects: Spain, abuse of power, aid for restructuring, company in difficulties, credit institution, damages, financial solvency, ownership, right to justice








C_202502074EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2025/2074


14.4.2025






Order of the General Court of 22 January 2025 – Ruiz Jayo and Others v SRB


(Case T-526/17)
                (1)

(Action for annulment and for damages - Economic and monetary policy - Single resolution mechanism for credit institutions and certain investment firms - Resolution scheme in respect of Banco Popular Español - Act not open to challenge - Manifest inadmissibility)
(C/2025/2074)
Language of the case: Spanish

Parties


Applicants: María Concepción Ruiz Jayo (Madrid, Spain) and the 3 538 applicants whose names are set out in the annex to the order (represented by: S. Rodríguez Bajón, F. Cremades García and Ruiz Núñez, lawyers)

Defendant: Single Resolution Board (represented by: H. Ehlers, M. Fernández Rupérez, A. Lapresta Bienz and J. Rius Riu, acting as Agents, and by B. Meyring, F. Fernández de Trocóniz Robles, T. Klupsch and S. Ianc, lawyers)

Re:

By their action, the applicants seek, first, on the basis of Article 263 TFEU, the annulment of Decision SRB/EES/2017/08 of the Executive Session of the Single Resolution Board of 7 June 2017 concerning the adoption of a resolution scheme in respect of Banco Popular Español SA (‘Banco Popular’) and SRB Decision SRB/EES/2020/52 of 17 March 2020 determining whether compensation needs to be granted to the shareholders and creditors in respect of which the resolution actions concerning Banco Popular Español S.A. have been effected and, secondly, on the basis of Articles 268 and 340 TFEU, compensation for the losses which they claimed to have suffered through the adoption of Decision SRB/EES/2017/08.

Operative part of the order







1.


The action is dismissed.










2.


There is no need to adjudicate on the applications to intervene of the Kingdom of Spain, the European Parliament, the Council of the European Union, the European Commission, Banco Santander, SA and Banco Popular Español, SA.










3.


Ms María Concepción Ruiz Jayo and the other applicants whose names appear in the Annex to the order shall bear their own costs and pay those incurred by the Single Resolution Board (SRB).










4.


The Kingdom of Spain, the Parliament, the Council and the Commission shall bear their own costs relating to the applications to intervene.










5.


Banco Santander shall bear its own costs and pay those incurred by Banco Popular Español relating to the applications to intervene.






(1)  
            OJ C 22, 22.1.2018.


ELI: http://data.europa.eu/eli/C/2025/2074/oj
ISSN 1977-091X (electronic edition)