CELEX: 62021TN0428
Language: en
Date: 2021-07-13 00:00:00
Title: Case T-428/21: Action brought on 13 July 2021 — Fursin and Others v ECB

8.11.2021   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 452/42
            
         
      Action brought on 13 July 2021 — Fursin and Others v ECB
      (Case T-428/21)
      (2021/C 452/53)
      Language of the case: English
      
         Parties
      
      
         Applicants: Ivan Fursin (Kyiv, Ukraine) and 6 other applicants (represented by: O. Behrends, lawyer)
      
         Defendant: European Central Bank
      
         Form of order sought
      
      The applicants claim that the Court should:
      
                  —
               
               
                  order the defendant to pay financial compensation in respect of the harm which the applicants have suffered as a result of the defendant’s decision to revoke the license of Trasta Komercbanka AS on 11 July 2016 (notified on 13 July 2016);
               
            
                  —
               
               
                  determine that the material damage amounts to at least EUR 25 million (1) together with a compensatory interest starting at 11 July 2016 until delivery of the judgment in the present case and with corresponding default interest from the date of delivery of judgment until its payment in full; and
               
            
                  —
               
               
                  order the defendant to pay the costs.
               
            
         Pleas in law and main arguments
      
      In support of the action, the applicants rely on six pleas in law.
      
                  1.
               
               
                  First plea in law, alleging that the defendant failed to properly notify the licence withdrawal decision to Trasta Komercbanka AS’ authorized representatives.
               
            
                  2.
               
               
                  Second plea in law, alleging that the procedure leading to the licence withdrawal decision did not involve a proper representation of Trasta Komercbanka AS.
               
            
                  3.
               
               
                  Third plea in law, alleging that the licence withdrawal decision is vitiated by a number of other serious irregularities.
               
            
                  4.
               
               
                  Fourth plea in law, alleging that the defendant acted outside its area of competence when issuing the licence withdrawal decision, in particular with regard to money laundering matters and the enforcement of national law.
               
            
                  5.
               
               
                  Fifth plea in law, alleging that the defendant erroneously assumed grounds for a licence withdrawal and provided an insufficient statement of reason in this regard.
               
            
                  6.
               
               
                  Sixth plea in law, alleging that the defendant’s illegal conduct caused significant damage to the applicants, including as a result of Trasta Komercbanka AS’ liquidation.
               
            
         (1)  The amounts are attributable to each of the applicants in the amounts of their shareholding of Trasta Komercbanka AS, as set out in the licence withdrawal decision of 3 March 2016.