EN
3.10.2022
Official Journal of the European Union
C 380/11
4.
Fourth plea in law: The decision infringes the applicant’s freedom to conduct a business under Article 16 of the Charter and the principle of proportionality because the underlying risk-adjustment multipliers are not commensurate with the applicant’s very high loss absorbing capacity and the significantly lower risk that the applicant will, as a consequence, have recourse to the Single Resolution Fund in the event of its resolution. 5.
Fifth plea in law: The decision infringes Articles 16 and 20 of the Charter as well as the principle of proportionality and the right to good administration on account of obvious errors in the exercise by the defendant of numerous discretionary powers. 6.
Sixth plea in law: The first and second sentences of Article 20(1) of the delegated regulation infringe Article 103(7) of Directive 2014/59/EU (4) and the requirement to assess contributions in a risk-appropriate manner.
(1) (2) (3) (4)
Council Implementing Regulation (EU) 2015/81 of 19 December 2014 specifying uniform conditions of application of Regulation (EU) No 806/2014 of the European Parliament and of the Council with regard to ex ante contributions to the Single Resolution Fund (OJ 2015 L 15, p. 1).
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).
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).
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/EU, 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).
Action brought on 28 June 2022 — Landesbank Hessen-Thüringen Girozentrale v SRB (Case T-399/22) (2022/C 380/13) Language of the case: German Parties Applicant: Landesbank Hessen-Thüringen Girozentrale (represented by: H. Berger and W. Weber, lawyers) Defendant: Single Resolution Board (SRB)
Form of order sought The applicant claims that the Court should: — annul the decision of the Single Resolution Board of 11 April 2022 on the calculation of the 2022 ex ante contributions to the Single Resolution Fund (SRB/ES/2022/18), including the annexes thereto, in so far as the contested decision, including Annex I, Annex II and Annex III thereto, concerns the applicant’s contribution; — order the defendant to pay the costs of the proceedings.
In the alternative, in the event that the Court takes the view that the contested decision is legally non-existent as a result of the use of the incorrect official language by the defendant and the action for annulment is therefore inadmissible on the ground that it is devoid of purpose, the applicant claims that the Court should: — declare that the contested decision is legally non-existent; — order the defendant to pay the costs of the proceedings.