Case C-457/25 P: Appeal brought on 10 July 2025 by Landesbank Baden-Württemberg against the order of the General Court (Tenth Chamber, Extended Composition) delivered on 30 April 2025 in Case T-400/18, Landesbank Baden-Württemberg v Single Resolution Board (SRB)
Date: 2025-07-10
Institutions: Court of Justice
Subjects: EU banking union, bank, bank resolution, company in difficulties, discretionary power, financing method, financing plan, fund (EU)








C_202505434EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2025/5434


20.10.2025






Appeal brought on 10 July 2025 by Landesbank Baden-Württemberg against the order of the General Court (Tenth Chamber, Extended Composition) delivered on 30 April 2025 in Case T-400/18, Landesbank Baden-Württemberg v Single Resolution Board (SRB)



(Case C-457/25 P)

(C/2025/5434)
Language of the case: German

Parties


Appellant: Landesbank Baden-Württemberg (represented by: H. Berger, M. Weber, D. Schoo, Rechtsanwälte)

Other parties to the proceedings: Single Resolution Board, European Commission

Form of order sought

The appellant claims that the Court should:






1.


set aside the order of the General Court of 30 April 2025, Landesbank Baden-Württemberg v SRB (T-400/18);










2.


annul the Single Resolution Board’s decision of 8 August 2022 revoking the Board’s decision of 12 April 2018 on the calculation of the ex-ante contributions for 2018 (SRB/ES/SRF/2018/03) in so far as it concerns the institutions listed in Annex I to the decision, and on the calculation of the ex-ante contributions to the Single Resolution Fund for those institutions for 2018 (SRB/ES/2022/46), including its annexes, in so far as it concerns the calculation of the appellant’s contribution pursuant to Article 2 of the decision, or, in the alternative, declare that the contested decision is legally non-existent in so far as it concerns the appellant;










3.


in the alternative, refer the action back to the General Court;










4.


order the SRB to pay the costs of the proceedings before the Court of Justice and the General Court.





Grounds of appeal and main arguments

In support of its appeal, the appellant puts forward six grounds of appeal, alleging:
First, that the General Court erred in law in issuing the contested decision pursuant to Article 126 of the Rules of Procedure of the General Court.
Second, that the General Court erred in its assessment of the compatibility of the second subparagraph of Article 7(4) of Delegated Regulation (EU) 2015/63 (1) with Article 103(7)(h) of Directive 2014/59/EU (2) by failing to recognise that that provision requires that, when creating the ‘membership of an institutional protection scheme’ risk indicator, all institutions which belong to the same institution-specific deposit guarantee scheme are to be assigned the same weighting and, moreover, on the basis of inappropriate considerations and a failure to recognise internal contradictions in the legal framework, by deciding that the Commission had not exceeded the scope of its discretion pursuant to the second subparagraph of Article 7(4) of Delegated Regulation 2015/63.
Third, that the General Court erred in law in its assessment of whether the second subparagraph of Article 7(4) of Delegated Regulation 2015/63 was vitiated by a manifest error of assessment.
Fourth, that the General Court, in its examination of the compatibility of the second subparagraph of Article 7(4) of Delegated Regulation 2015/63 with the principle of equal treatment, based its assessment on a legally incorrect comparison group.
Fifth, that the General Court erred in law in finding that Article 81(4) of Regulation (EU) 806/2014 (3) allows for a binding English language version of the contested decision, even though the appellant had expressly chosen German as the language for its communication and documentation in its dealings with the SRB.
Sixth, that the General Court erred in law in finding that the contested decision did not infringe the obligation to state reasons under Article 296 TFEU and Article 41 of the Charter of Fundamental Rights of the European Union with regard to the failure to disclose the data of other institutions relevant for the calculation of the appellant’s contribution, even though the data was already more than five years old at the time the decision was issued and could therefore no longer be regarded as confidential.


(1)  Commission Delegated Regulation (EU) 2015/63 of 21 October 2014 supplementing Directive 2014/59/EU of the European Parliament and of the Council with regard to ex ante contributions to resolution financing arrangements (OJ 2015 L 11, p. 44).

(2)  Directive 2014/59/EU of the European Parliament and of the Council of 15 May 2014 establishing a framework for the recovery and resolution of credit institutions and investment firms and amending Council Directive 82/891/EEC, and Directives 2001/24/EC, 2002/47/EC, 2004/25/EC, 2005/56/EC, 2007/36/EC, 2011/35/EC, 2012/30/EU and 2013/36/EU, and Regulations (EU) No 1093/2010 and (EU) No 648/2012, of the European Parliament and of the Council (OJ 2014 L 173, p. 190).

(3)  Regulation (EU) No 806/2014 of the European Parliament and of the Council of 15 July 2014 establishing uniform rules and a uniform procedure for the resolution of credit institutions and certain investment firms in the framework of a Single Resolution Mechanism and a Single Resolution Fund and amending Regulation (EU) No 1093/2010 (OJ 2014 L 225, p. 1).


ELI: http://data.europa.eu/eli/C/2025/5434/oj
ISSN 1977-091X (electronic edition)