Case T-394/20: Order of the General Court of 14 May 2025 – Hypo Vorarlberg Bank v SRB (2020 ex ante contributions) (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 2020 ex ante contributions – Article 70(2) of Regulation (EU) No 806/2014 – Action manifestly well founded – Limitation of the temporal effects of the order)
Date: 2025-05-14
Institutions: General Court
Subjects: EU banking union, bank, bank resolution, company in difficulties, financing method, financing plan, fund (EU)








C_202504292EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2025/4292


11.8.2025






Order of the General Court of 14 May 2025 – Hypo Vorarlberg Bank v SRB (2020 ex ante contributions)


(Case T-394/20)
                (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 2020 
ex ante
 contributions - Article 70(2) of Regulation (EU) No 806/2014 - Action manifestly well founded - Limitation of the temporal effects of the order)
(C/2025/4292)
Language of the case: German

Parties


Applicant: Hypo Vorarlberg Bank AG (Bregenz, Austria) (represented by: G. Eisenberger, A. Brenneis and J. Holzmann, lawyers)

Defendant: Single Resolution Board (represented by: C. Flynn 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: L. Visaggio, J. Etienne and G. Bartram, acting as Agents), Council of the European Union (represented by: J. Bauerschmidt and E. d’Ursel, 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 annulment of Decision SRB/ES/2022/80 of the Single Resolution Board (SRB) of 7 December 2022, withdrawing Decision SRB/ES/2020/24 of the SRB of 15 April 2020, on the calculation of the 2020 ex ante contributions to the Single Resolution Fund (SRF), in so far as it concerns the institutions mentioned in Annex I to this Decision, and recalculating the 2020 ex ante contributions to the SRF of these institutions, to the extent that it concerns the applicant.

Operative part of the order







1.


Decision SRB/ES/2022/80 of the Single Resolution Board (SRB) of 7 December 2022 on the calculation of the 2020 ex ante contributions to the Single Resolution Fund (SRF) is annulled in so far as it concerns Hypo Vorarlberg Bank AG.










2.


The effects of Decision SRB/ES/2022/80 in so far as it concerns Hypo Vorarlberg Bank are maintained until the SRB has taken the measures necessary to implement the present order, which must occur within a reasonable period that cannot exceed six months from the day on which the present order becomes final.










3.


The SRB shall bear its own costs and pay those incurred by Hypo Vorarlberg Bank.










4.


The European Parliament, the Council of the European Union and the European Commission shall bear their own costs.






(1)  
            OJ C 271, 17.8.2020.


ELI: http://data.europa.eu/eli/C/2025/4292/oj
ISSN 1977-091X (electronic edition)