This document is an excerpt from the EUR-Lex website
Document 62016TA0365
Case T-365/16: Judgment of the General Court of 28 November 2019 — Portigon v SRB (Economic and Monetary Union — Banking union — Single Resolution Mechanism for credit institutions and certain investment firms (SRM) — Single Resolution Fund (SRF) — Decision of the SRB on the 2016 ex-ante contributions — Action for annulment — Direct and individual concern — Admissibility — Essential procedural requirements — Authentication of the decision — Procedure for the adoption of the decision — Obligation to state reasons)
Case T-365/16: Judgment of the General Court of 28 November 2019 — Portigon v SRB (Economic and Monetary Union — Banking union — Single Resolution Mechanism for credit institutions and certain investment firms (SRM) — Single Resolution Fund (SRF) — Decision of the SRB on the 2016 ex-ante contributions — Action for annulment — Direct and individual concern — Admissibility — Essential procedural requirements — Authentication of the decision — Procedure for the adoption of the decision — Obligation to state reasons)
Case T-365/16: Judgment of the General Court of 28 November 2019 — Portigon v SRB (Economic and Monetary Union — Banking union — Single Resolution Mechanism for credit institutions and certain investment firms (SRM) — Single Resolution Fund (SRF) — Decision of the SRB on the 2016 ex-ante contributions — Action for annulment — Direct and individual concern — Admissibility — Essential procedural requirements — Authentication of the decision — Procedure for the adoption of the decision — Obligation to state reasons)
OJ C 36, 3.2.2020, p. 22–22
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
3.2.2020 |
EN |
Official Journal of the European Union |
C 36/22 |
Judgment of the General Court of 28 November 2019 — Portigon v SRB
(Case T-365/16) (1)
(Economic and Monetary Union - Banking union - Single Resolution Mechanism for credit institutions and certain investment firms (SRM) - Single Resolution Fund (SRF) - Decision of the SRB on the 2016 ex-ante contributions - Action for annulment - Direct and individual concern - Admissibility - Essential procedural requirements - Authentication of the decision - Procedure for the adoption of the decision - Obligation to state reasons)
(2020/C 36/26)
Language of the case: German
Parties
Applicant: Portigon AG (Düsseldorf, Germany) (represented by: D. Bliesener, V. Jungkind and F. Geber, lawyers)
Defendant: Single Resolution Board (represented by: B. Meyring, T. Klupsch and S. Ianc, lawyers)
Intervener in support of the defendant: European Commission (represented by: A. Steiblytė and K.-P. Wojcik, Agents)
Re:
Application based on Article 263 TFEU seeking the annulment, first, of the decision of the SRB in its executive session of 15 April 2016 on the 2016 ex-ante contributions to the Single Resolution Fund (SRB/ES/SRF/2016/06) and, second, of the decision of the SRB in its executive session of 20 May 2016 on the adjustment of the 2016 ex-ante contributions to the Single Resolution Fund, supplementing the decision of the SRB in its executive session of 15 April 2016 on the 2016 ex-ante contributions to the Single Resolution Fund (SRB/ES/SRF/2016/13), to the extent that they concern the applicant.
Operative part of the judgment
The Court:
1. |
annuls the decision of the Single Resolution Board (SRB) in its executive session of 15 April 2016 on the 2016 ex-ante contributions to the Single Resolution Fund (SRB/ES/SRF/2016/06) and the decision of the SRB in its executive session of 20 May 2016 on the adjustment of the 2016 ex-ante contributions to the Single Resolution Fund, supplementing the decision of the SRB in its executive session of 15 April 2016 on the 2016 ex-ante contributions to the Single Resolution Fund (SRB/ES/SRF/2016/13), to the extent that they concern Portigon AG; |
2. |
orders the SRB to bear its own costs and to pay those incurred by Portigon; |
3. |
orders the European Commission to bear its own costs. |