CELEX: 62020CA0364
Language: en
Date: 2022-02-24 00:00:00
Title: Case C-364/20 P: Judgment of the Court (Seventh Chamber) of 24 February 2022 — Ernests Bernis, Oļegs Fiļs, OF Holding SIA, Cassandra Holding Company SIA v Single Resolution Board, European Central Bank (Appeal — Economic and monetary union — Banking union — Recovery and resolution of credit institutions and investment firms — Single resolution mechanism for credit institutions and certain investment firms (SRM) — Regulation (EU) No 806/2014 — Article 18 — Resolution procedure — Declaration by the European Central Bank (ECB) that an entity is failing or is likely to fail — Decision of the Single Resolution Board (SRB) not to adopt a resolution scheme — Lack of public interest — Winding up in accordance with national law — Shareholders — Lack of direct concern — Inadmissibility)

19.4.2022   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 165/11
            
         
      Judgment of the Court (Seventh Chamber) of 24 February 2022 — Ernests Bernis, Oļegs Fiļs, OF Holding SIA, Cassandra Holding Company SIA v Single Resolution Board, European Central Bank
      (Case C-364/20 P) (1)
      
      (Appeal - Economic and monetary union - Banking union - Recovery and resolution of credit institutions and investment firms - Single resolution mechanism for credit institutions and certain investment firms (SRM) - Regulation (EU) No 806/2014 - Article 18 - Resolution procedure - Declaration by the European Central Bank (ECB) that an entity is failing or is likely to fail - Decision of the Single Resolution Board (SRB) not to adopt a resolution scheme - Lack of public interest - Winding up in accordance with national law - Shareholders - Lack of direct concern - Inadmissibility)
      (2022/C 165/11)
      Language of the case: English
      
         Parties
      
      
         Appellants: Ernests Bernis, Oļegs Fiļs, OF Holding SIA, Cassandra Holding Company SIA (represented by: O. Behrends, Rechtsanwalt)
      
         Other parties to the proceedings: Single Resolution Board (represented: initially by H. Ehlers, A. Valavanidou and E. Muratori, and subsequently by H. Ehlers and E. Muratori, acting as Agents, and by B. Heenan, Solicitor, J. Rivas Andrés and A. Manzaneque Valverde, abogados), European Central Bank (ECB) (represented by: E. Koupepidou and G. Marafioti, acting as Agents)
      
         Operative part of the judgment
      
      The Court:
      
                  1.
               
               
                  Dismisses the appeal;
               
            
                  2.
               
               
                  Orders Mr Ernests Bernis and Mr Oļegs Fiļs, OF Holding SIA and Cassandra Holding Company SIA to bear their own costs and to pay those incurred by the Single Resolution Board;
               
            
                  3.
               
               
                  Orders the European Central Bank to bear its own costs.
               
            
         (1)  OJ C 320, 28.9.2020.