CELEX: 62018TB0283
Language: en
Date: 2019-05-06 00:00:00
Title: Case T-283/18: Order of the General Court of 6 May 2019 — Bernis and Others v ECB (Action for annulment — Economic and monetary union — Banking union — Single resolution mechanism for credit institutions and certain investment firms (SRM) — Resolution procedure applicable where an entity is failing or is likely to fail — Parent company and subsidiary — Declaration by the ECB that an entity is failing or is likely to fail — Regulation (EU) No 806/2014 — Preparatory measures — Acts not open to judicial review — Inadmissibility)

8.7.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 230/48
            
         
      Order of the General Court of 6 May 2019 — Bernis and Others v ECB
      (Case T-283/18) (1)
      
      (Action for annulment - Economic and monetary union - Banking union - Single resolution mechanism for credit institutions and certain investment firms (SRM) - Resolution procedure applicable where an entity is failing or is likely to fail - Parent company and subsidiary - Declaration by the ECB that an entity is failing or is likely to fail - Regulation (EU) No 806/2014 - Preparatory measures - Acts not open to judicial review - Inadmissibility)
      (2019/C 230/60)
      Language of the case: English
      
         Parties
      
      
         Applicants: Ernests Bernis (Jurmala, Latvia), Oļegs Fiļs (Jurmala), OF Holding SIA (Riga, Latvia), Cassandra Holding Company SIA (Jurmala) (represented by: O. Behrends, M. Kirchner and L. Feddern, lawyers)
      
         Defendant: European Central Bank (represented by: G. Marafioti and E. Koupepidou, acting as Agents, and J. Rodríguez Cárcamo, lawyer)
      
         Re:
      
      Application under Article 263 TFEU seeking annulment of the European Central Bank’s decisions of 23 February 2018 by which the latter declared that ABLV Bank AS and its subsidiary, ABLV Bank Luxembourg SA, were failing or were likely to fail within the meaning of Article 18(1) of 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).
      
         Operative part of the order
      
      
                  1.
               
               
                  
                     The action is dismissed as inadmissible.
                  
               
            
                  2.
               
               
                  
                     Mr Ernests Bernis, Mr Oļegs Fiļs, OF Holding SIA and Cassandra Holding Company SIA shall bear their own costs and pay those of the European Central Bank (ECB).
                  
               
            
         (1)  OJ C 259, 23.7.2018.