CELEX: 62017TB0557
Language: en
Date: 2019-10-24 00:00:00
Title: Case T-557/17: Order of the General Court of 24 October 2019 — Liaño Reig v SRB (Action for annulment — Economic and monetary policy — Compensation claim — Single resolution mechanism for credit institutions and certain investment firms — Resolution procedure — Resolution scheme for Banco Popular Español — Partial annulment — Non-severability — Inadmissibility)

23.12.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 432/54
            
         
      Order of the General Court of 24 October 2019 — Liaño Reig v SRB
      (Case T-557/17) (1)
      
      (Action for annulment - Economic and monetary policy - Compensation claim - Single resolution mechanism for credit institutions and certain investment firms - Resolution procedure - Resolution scheme for Banco Popular Español - Partial annulment - Non-severability - Inadmissibility)
      (2019/C 432/64)
      Language of the case: Spanish
      
         Parties
      
      
         Applicant: Carmen Liaño Reig (Alcobendas, Spain) (represented by: F. López Antón, lawyer)
      
         Defendant: Single Resolution Board (represented by: B. Meyring, S. Schelo, F. Málaga Diéguez, F. Fernández de Trocóniz Robles, T. Klupsch, M. Bettermann, S. Ianc and M. Rickert, lawyers)
      
         Re:
      
      First, an application based on Article 263 TFEU seeking annulment of Article 6(1)(d) of Decision SRB/EES/2017/08 of the SRB of 7 June 2017 concerning the adoption of a resolution scheme in respect of Banco Popular Español SA, in so far as it makes provision for the conversion of Tier 2 capital instruments identified by the International Securities Identification Number (ISIN) XS 0550098569 into new shares in Banco Popular Español, and the provisional valuation carried out by the independent expert and the provisional valuation carried out by the SRB, and secondly, an application based on Article 266 TFEU seeking compensation, following on from the annulment, for the loss allegedly suffered as a result of that conversion.
      
         Operative part of the order
      
      
                  1.
               
               
                  
                     The action is dismissed as inadmissible.
                  
               
            
                  2.
               
               
                  
                     There is no longer any need to adjudicate on the applications to for leave to intervene submitted by Banco Santander SA, the Kingdom of Spain and the European Commission.
                  
               
            
                  3.
               
               
                  
                     Ms Carmen Liaño Reig shall bear her own costs and pay those incurred by the Single Resolution Board (SRB), with the exception of those relating to the applications for leave to intervene.
                  
               
            
                  4.
               
               
                  
                     Ms Carmen Liaño Reig, the SRB, Banco Santander, the Kingdom of Spain and the Commission shall bear their own costs relating to the applications for leave to intervene.
                  
               
            
         (1)  OJ C 357, 23.10.2017.