CELEX: 62019CN0552
Language: en
Date: 2019-07-17 00:00:00
Title: Case C-552/19 P: Appeal brought on 17 July 2019 by Ernests Bernis, Oļegs Fiļs, OF Holding SIA, Cassandra Holding Company SIA against the order of the General Court (Eighth Chamber) delivered on 6 May 2019 in Case T-283/18: Bernis e.a. v European Central Bank (ECB)

9.9.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 305/28
            
         
      Appeal brought on 17 July 2019 by Ernests Bernis, Oļegs Fiļs, OF Holding SIA, Cassandra Holding Company SIA against the order of the General Court (Eighth Chamber) delivered on 6 May 2019 in Case T-283/18: Bernis e.a. v European Central Bank (ECB)
      (Case C-552/19 P)
      (2019/C 305/35)
      Language of the case: English
      
         Parties
      
      
         Appellants: Ernests Bernis, Oļegs Fiļs, OF Holding SIA, Cassandra Holding Company SIA (represented by: O.H. Behrends, M. Kirchner, Rechtsanwälte)
      
         Other party to the proceedings: European Central Bank (ECB)
      
         Forms of order sought
      
      The appellants claim that the Court should:
      
                  —
               
               
                  set aside the order of the General Court of 6 May 2019 in case T-283/18;
               
            
                  —
               
               
                  declare that the application for annulment is admissible;
               
            
                  —
               
               
                  refer the case back to the General Court for it to determine the action for annulment; and
               
            
                  —
               
               
                  order the ECB to pay the appellants' costs and the costs of the appeal.
               
            
         Pleas in law and main arguments
      
      The appellants put forward two pleas in law in support of their appeal:
      
                  1)
               
               
                  That the General Court erred in law and violated Art. 263 TFEU by failing to base its order on the decision which the ECB actually adopted.
               
            
                  2)
               
               
                  That the order under appeal is based on an incorrect interpretation of Art. 18(1) SRMR (1).
               
            
         (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).