This document is an excerpt from the EUR-Lex website
Document 62019CO0701
Order of the Court (Eighth Chamber) of 4 February 2021.
Pilatus Bank plc v European Central Bank.
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Appeal manifestly unfounded – Economic and monetary policy – Prudential supervision of credit institutions – Suspension measures taken by the national supervisory authority – Appointment of a contact person – Conditional communication with the European Central Bank (ECB) – Withdrawal of licence prior to the commencement of proceedings – Action for annulment – Inadmissibility – Absence of a sufficiently clear and precise summary of the pleas in law relied on before the General Court – Failure to demonstrate a legal interest in bringing proceedings – Incorrect classification as a preparatory act – Substitution of grounds.
Case C-701/19 P.
Order of the Court (Eighth Chamber) of 4 February 2021.
Pilatus Bank plc v European Central Bank.
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Appeal manifestly unfounded – Economic and monetary policy – Prudential supervision of credit institutions – Suspension measures taken by the national supervisory authority – Appointment of a contact person – Conditional communication with the European Central Bank (ECB) – Withdrawal of licence prior to the commencement of proceedings – Action for annulment – Inadmissibility – Absence of a sufficiently clear and precise summary of the pleas in law relied on before the General Court – Failure to demonstrate a legal interest in bringing proceedings – Incorrect classification as a preparatory act – Substitution of grounds.
Case C-701/19 P.
ECLI identifier: ECLI:EU:C:2021:99
Order of the Court (Eighth Chamber) of 4 February 2021 – Pilatus Bank v ECB
(Case C‑701/19 P) ( 1 )
(Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Appeal manifestly unfounded – Economic and monetary policy – Prudential supervision of credit institutions – Suspension measures taken by the national supervisory authority – Appointment of a contact person – Conditional communication with the European Central Bank (ECB) – Withdrawal of licence prior to the commencement of proceedings – Action for annulment – Inadmissibility – Absence of a sufficiently clear and precise summary of the pleas in law relied on before the General Court – Failure to demonstrate a legal interest in bringing proceedings – Incorrect classification as a preparatory act – Substitution of grounds)
1. |
Appeal – Grounds – Inadmissibility of the action before the General Court – Question of public policy based on the appellant’s change in representation – Considered of Court’s own motion (see para. 23) |
2. |
Action for annulment – Natural or legal persons – Interest in bringing proceedings – Need for a vested and present interest – Assessment at the time when the action was brought – Action capable of securing a benefit for the applicant (see para. 25) |
3. |
Appeal – Grounds – Grounds of a judgment vitiated by an infringement of EU law – Operative part well founded for other legal reasons – Rejection (Rules of Procedure of the General Court, Art. 76(d)) (see paras 27, 30-38) |
Operative part
1. |
The appeal is dismissed. |
2. |
Pilatus Bank plc is ordered to pay the costs. |
( 1 ) OJ C 406, 2.12.2019.