13.9.2021 |
EN |
Official Journal of the European Union |
C 368/26 |
Action brought on 7 July 2021 — Norddeutsche Landesbank — Girozentrale v SRB
(Case T-403/21)
(2021/C 368/43)
Language of the case: German
Parties
Applicant: Norddeutsche Landesbank — Girozentrale (Hanover, Germany) (represented by: D. Flore and J. Seitz, lawyers)
Defendant: Single Resolution Board (SRB)
Form of order sought
As successor in law to Deutsche Hypothekenbank (Actien-Gesellschaft), the applicant claims that the Court should:
— |
annul the decision of the defendant of 14 April 2021 (SRB/ES/2021/22) including the annexes thereto, in particular Annex I concerning the ‘Results of the calculation with respect to all institutions falling within the scope of calculation of the 2021 ex-ante contributions set separately (per institution) in the Harmonized Annexes’, in so far as they are each relevant to the applicant; |
— |
order the defendant to pay the costs of the proceedings. |
Pleas in law and main arguments
In support of the action, the applicant relies on the following pleas in law:
1. |
First plea in law, alleging an infringement of the right to be heard
|
2. |
Second plea in law, alleging an infringement of procedural rules
|
3. |
Third plea in law, alleging a failure to state reasons for the contested decision
|
4. |
Fourth plea in law, alleging an infringement of the fundamental right to effective judicial protection for lack of verifiability of the contested decision
|
5. |
Fifth plea in law, alleging that the application of the IPS (Institutional Protection Scheme) indicator infringes higher-ranking law
|
6. |
Sixth plea in law, alleging that the consideration of the overall derivative risk position within the framework of the risk indicator ‘trading activities, off-balance sheet exposures, derivatives, complexity and resolvability’ infringes Delegated Regulation (EU) 2015/63, which must be interpreted in the light of higher-ranking law
|
7. |
Seventh plea in law, alleging that the failure to take account of the MREL (Minimum Requirements for Own Funds and Eligible Liabilities) within the framework of the ‘risk exposure’ pillar infringes Delegated Regulation (EU) 2015/63
|
8. |
Eighth plea in law, alleging that the application of the risk-adjustment multiplier infringes Delegated Regulation (EU) 2015/63, which must be interpreted in the light of higher-ranking law
|
9. |
Ninth plea in law (in the alternative), alleging that the second sentence of Article 7(4) of Delegated Regulation (EU) 2015/63 infringes higher-ranking law
|
10. |
Tenth plea in law, alleging that the definition of ‘interbank deposits’ provided for in Step 1 of Annex I to Delegated Regulation (EU) 2015/63 infringes higher-ranking law
|
11. |
Eleventh plea in law, alleging that the assignment to bins pursuant to Step 2 of Annex I to Delegated Regulation (EU) 2015/63 infringes higher-ranking law
|
(1) Commission Delegated Regulation (EU) 2015/63 of 21 October 2014 supplementing Directive 2014/59/EU of the European Parliament and of the Council with regard to ex ante contributions to resolution financing arrangements (OJ 2015 L 11, p. 44).