This document is an excerpt from the EUR-Lex website
Document 62019TA0502
Case T-502/19: Judgment of the General Court of 12 October 2022 –Corneli v ECB (Economic and monetary union — Banking union — Recovery and resolution of credit institutions — Early intervention measures — Decision of the ECB to place Banca Carige under temporary administration — Action for annulment — Action brought by a shareholder — Standing to bring proceedings — Interest separate from that of the bank — Admissibility — Error of law in the determination of the legal basis — Interpretation of national law by the EU Courts in conformity with EU law — Limit — Prohibition on interpreting national law contra legem)
Case T-502/19: Judgment of the General Court of 12 October 2022 –Corneli v ECB (Economic and monetary union — Banking union — Recovery and resolution of credit institutions — Early intervention measures — Decision of the ECB to place Banca Carige under temporary administration — Action for annulment — Action brought by a shareholder — Standing to bring proceedings — Interest separate from that of the bank — Admissibility — Error of law in the determination of the legal basis — Interpretation of national law by the EU Courts in conformity with EU law — Limit — Prohibition on interpreting national law contra legem)
Case T-502/19: Judgment of the General Court of 12 October 2022 –Corneli v ECB (Economic and monetary union — Banking union — Recovery and resolution of credit institutions — Early intervention measures — Decision of the ECB to place Banca Carige under temporary administration — Action for annulment — Action brought by a shareholder — Standing to bring proceedings — Interest separate from that of the bank — Admissibility — Error of law in the determination of the legal basis — Interpretation of national law by the EU Courts in conformity with EU law — Limit — Prohibition on interpreting national law contra legem)
OJ C 463, 5.12.2022, p. 22–23
(BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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5.12.2022 |
EN |
Official Journal of the European Union |
C 463/22 |
Judgment of the General Court of 12 October 2022 –Corneli v ECB
(Case T-502/19) (1)
(Economic and monetary union - Banking union - Recovery and resolution of credit institutions - Early intervention measures - Decision of the ECB to place Banca Carige under temporary administration - Action for annulment - Action brought by a shareholder - Standing to bring proceedings - Interest separate from that of the bank - Admissibility - Error of law in the determination of the legal basis - Interpretation of national law by the EU Courts in conformity with EU law - Limit - Prohibition on interpreting national law contra legem)
(2022/C 463/30)
Language of the case: Italian
Parties
Applicant: Francesca Corneli (Velletri, Italy) (represented by: M. Condinanzi, L. Boggio and F. Ferraro, lawyers)
Defendant: European Central Bank (represented by: C. Hernández Saseta, A. Pizzolla and G. Marafioti, acting as Agents)
Intervener in support of the defendant: European Commission (represented by: V. Di Bucci, D. Triantafyllou and A. Nijenhuis, acting as Agents)
Re:
By her action under Article 263 TFEU, the applicant seeks annulment of ECB Decision ECB-SSM-2019-ITCAR-11 of 1 January 2019 placing Banca Carige SpA under temporary administration, as well as of any consequent or subsequent act, including, inter alia, ECB Decision ECB-SSM-2019-ITCAR-13 of 29 March 2019 extending the period of temporary administration up to 30 September 2019.
Operative part of the judgment
The Court:
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1. |
Annuls ECB Decision ECB-SSM-2019-ITCAR-11 of 1 January 2019 placing Banca Carige SpA under temporary administration and ECB Decision ECB-SSM-2019-ITCAR-13 of 29 March 2019 extending the duration of the period of temporary administration up to 30 September 2019; |
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2. |
Dismisses the action as to the remainder; |
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3. |
Orders the European Central Bank (ECB) to bear its own costs and to pay those incurred by Ms Francesca Corneli; |
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4. |
Declares that the European Commission is to bear its own costs. |