EN
28.11.2022
Official Journal of the European Union
C 451/25
4.
Fourth plea in law, alleging breach of the principle of legal certainty, since retroactive effect of the contested decision is not permissible. 5.
Fifth plea in law, alleging infringement of essential procedural requirements, since the defendant did not hear the applicant before adopting the contested decision and did not state adequate reasons for its decision. 6.
Sixth plea in law, alleging, in the alternative, that the defendant’s creation of three categories within the ‘membership of an institutional protection scheme’ indicator is not comprehensible. 7.
Seventh plea in law alleging, in the alternative, infringement of Article 70(2) of Regulation (EU) No 806/2014 in conjunction with Article 103(7) of Directive 2014/59/EU, since the defendant, in calculating the amount of the contribution, should have excluded risk-free liabilities from the relevant liabilities. 8.
Eighth plea in law alleging, in the alternative, infringement of Article 70(6) of Regulation (EU) No 806/2014 in conjunction with Article 5(3) and (4) of Delegated Regulation (EU) 2015/63, since the defendant wrongly calculated the applicant’s contribution on the basis of a gross approach with regard to derivative contracts. 9.
Ninth plea in law alleging, in the alternative, infringement of Article 70(6) of Regulation (EU) No 806/2014, in conjunction with Article 6(8)(a) of Delegated Regulation (EU) 2015/63, since the defendant wrongly regarded the applicant as an institution undergoing reorganisation.
(1) (2) (3) (4) (5) (6) (7) (8)
(9)
OJ 2018 C 294, p. 41.
OJ 2019 C 305, p. 60.
OJ 2020 C 240, p. 34.
OJ 2020 C 279, p. 70.
OJ 2021 C 320, p. 53.
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).
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).
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).
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).
Action brought on 14 October 2022 — Yanukovych v Council (Case T-642/22) (2022/C 451/29) Language of the case: English Parties Applicant: Oleksandr Viktorovych Yanukovych (Saint Petersburg, Russia) (represented by: B. Kennelly, Barrister) Defendant: Council of the European Union
Form of order sought The applicant claims that the Court should annul Council Decision (CFSP) 2022/1355 of 4 August 2022 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (1) and Council Implementing Regulation (EU) 2022/1354 of 4 August 2022 implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (2), insofar as they apply to the applicant.
The applicant also seeks his costs.