This document is an excerpt from the EUR-Lex website
Document 62024TO0324
Order of the President of the General Court of 22 November 2024.
UniCredit SpA v European Central Bank.
Interim measures – Economic and monetary policy – Prudential supervision of credit institutions – Regulation (EU) No 1024/2013 – Setting of prudential requirements – Application for suspension of operation of a measure – No urgency – No prima facie case – Balancing of interests.
Case T-324/24 R.
Order of the President of the General Court of 22 November 2024.
UniCredit SpA v European Central Bank.
Interim measures – Economic and monetary policy – Prudential supervision of credit institutions – Regulation (EU) No 1024/2013 – Setting of prudential requirements – Application for suspension of operation of a measure – No urgency – No prima facie case – Balancing of interests.
Case T-324/24 R.
ECLI identifier: ECLI:EU:T:2024:858
Order of the President of the General Court of 22 November 2024 –
UniCredit v ECB
(Case T‑324/24 R)
(Interim measures – Economic and monetary policy – Prudential supervision of credit institutions – Regulation (EU) No 1024/2013 – Setting of prudential requirements – Application for suspension of operation of a measure – No urgency – No prima facie case – Balancing of interests)
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Interim relief – Admissibility criteria – Application – Formal requirements – Statement of the pleas establishing a prima facie case for granting the measures sought – Assessment of the court hearing the application for interim relief solely on the basis of the information provided in the application for interim measures (Arts 278 and 279 TFEU; Rules of Procedure of the Court of Justice, Art. 156(4)) (see paragraphs 33, 34, 107) |
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Economic and monetary policy – Economic policy – Supervision of the EU financial sector – Single supervisory mechanism – Prudential supervision of credit institutions – Specific tasks assigned to the European Central Bank (ECB) – Prudential analysis conducted by the ECB – Scope – Analysis of a forecasting nature – Broad discretion of the ECB allowing it to rely on scenarios which are not implausible (Council Regulation No 1024/2013) (see paragraph 53) |
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3. |
Economic and monetary policy – Economic policy – Supervision of the EU financial sector – Single supervisory mechanism – Prudential supervision of credit institutions – Specific tasks assigned to the European Central Bank (ECB) – Scope – Exercise of a supervisory function on a consolidated basis at the level of the banking group or financial conglomerate to which the credit institution belongs – Whether permissible (Council Regulation No 1024/2013, recital 26 and Art. 16) (see paragraphs 99, 100) |
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Interim relief – Suspension of operation of a measure – Interim measures – Conditions for granting – Urgency – Serious and irreparable damage – Financial loss – Situation liable to endanger the existence of the applicant company – Burden of proof – Necessity of providing information enabling the financial loss likely to be incurred to be precisely identified and quantified (Arts 278 and 279 TFEU) (see paragraphs 118-120) |
Operative part
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The application for interim measures is dismissed. |
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The costs are reserved. |