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Document 62015TO0368(01)

Order of the General Court (Fourth Chamber) of 14 July 2016.
Alcimos Consulting SMPC v European Central Bank.
Action for annulment — Action for compensation — Decisions adopted by the Governing Council of the ECB — Provision of emergency liquidity assistance to Greek banks — Ceiling — Lack of direct concern — Inadmissibility — Infringement of procedural requirements.
Case T-368/15.

Court reports – general – 'Information on unpublished decisions' section

Order of the General Court (Fourth Chamber) of 14 July 2016 —

Alcimos Consulting v ECB

(Case T‑368/15)

‛Action for annulment — Action for compensation — Decisions adopted by the Governing Council of the ECB — Provision of emergency liquidity assistance to Greek banks — Ceiling — Lack of direct concern — Inadmissibility — Infringement of procedural requirements’

1. 

Actions for annulment — Interest in bringing proceedings — Interest to be assessed at the time at which an action is brought — Action brought against a measure producing binding legal effects on the applicant — Repeal of the contested act in the course of the proceedings — Declaration that no need to adjudicate — Not permissible — Applicant maintaining an interest in obtaining recognition that the contested act unlawful (Arts 263 TFEU and 266 TFEU) (see paras 23, 25)

2. 

Actions for annulment — Natural or legal persons — Measures of direct and individual concern to them — Whether directly concerned — Criteria — Decisions of the European Central Bank on the provision of emergency liquidity to Greek banks — Action by an undertaking considering itself prejudiced by the adoption of national measures applying those decisions — No automaticity between the national measures and the contested decisions — No direct concern — Inadmissibility (Art. 263, fourth para., TFEU) (see paras 29, 33, 36-38)

3. 

Judicial proceedings — Application initiating proceedings — Formal requirements — Identification of the subject-matter of the dispute — Brief summary of the pleas in law on which the application is based — Application for compensation for damage allegedly caused by an EU institution — Imprecision as to the conduct alleged against that institution, the nature of the damage and the causal link — Inadmissibility — No infringement of the right to effective judicial protection (Charter of Fundamental Rights of the European Union, Art. 47; Statute of the Court of Justice, Arts 21, first para., and 53, first para.; Rules of Procedure of the General Court, Art. 76(d)) (see paras 42, 46)

Re:

APPLICATION, first, under Article 263 TFEU, for annulment of the decision of the Governing Council of the ECB of 28 June 2015 by which it was decided to maintain the ceiling to the provision of emergency liquidity assistance to Greek banks at the level decided on 26 June 2015 and for annulment of the decision of the Governing Council of the ECB of 6 July 2015 by which it was decided to maintain that ceiling at that same level and to adjust the haircuts on collateral accepted by the Bank of Greece in that respect, and application, secondly, under Article 268 TFEU, for compensation for the damage which the applicant allegedly suffered as a result of those decisions.

Operative part

1. 

The action is dismissed as inadmissible.

2. 

Alcimos Consulting SMPC is ordered to pay the costs.

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