This document is an excerpt from the EUR-Lex website
Document 62018TN0203
Case T-203/18: Action brought on 23 March 2018 — VQ v ECB
Case T-203/18: Action brought on 23 March 2018 — VQ v ECB
Case T-203/18: Action brought on 23 March 2018 — VQ v ECB
OJ C 182, 28.5.2018, p. 26–28
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
28.5.2018 |
EN |
Official Journal of the European Union |
C 182/26 |
Action brought on 23 March 2018 — VQ v ECB
(Case T-203/18)
(2018/C 182/31)
Language of the case: English
Parties
Applicant: VQ (represented by: G. Cahill, Barrister)
Defendant: European Central Bank
Form of order sought
The applicant claims that the Court should:
— |
annul, pursuant to Article 263 TFEU, the European Central Bank’s Decision SNC-2016-0026 of 14 March 2018; |
— |
declare, pursuant to Article 277 TFEU, that Article 18(6) of the SSM Regulation (1) is unlawful, and therefore annul the said decision; and |
— |
order the ECB to pay the costs. |
Pleas in law and main arguments
In support of the action, the applicant relies on three pleas in law.
1. |
First plea in law, alleging the ECB infringed Article 18(1) of the SSM Regulation and Article 49(1) of the Charter of Fundamental Rights of the European Union, by imposing an administrative pecuniary penalty on the grounds of a legal framework based on non-directly effective EU and national law.
|
2. |
Second plea in law, alleging that the ECB infringed Article 132(1)(b) of Regulation 468/2014, (4) as it orders the publication of an administrative pecuniary penalty on a non-anonymised basis. |
3. |
Third plea in law, alleging that Article 18(6) of the SSM Regulation is unlawful and in breach of Article 263, sixth paragraph, TFEU and Article 47 of the Charter of Fundamental Rights, in that it imposes a duty to publish an administrative pecuniary penalty irrespective of the fact that the applicant has the intention to bring an action before the General Court within the time limits provided in Article 263, sixth paragraph, TFEU.
|
(1) Council Regulation (EU) No 1024/2013 of 15 October 2013 conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions (OJ 2013 L 287, p. 63)
(2) Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (OJ 2013 L 176, p. 1).
(3) Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (OJ 2013 L 176, p. 338).
(4) Regulation (EU) No 468/2014 of the European Central Bank of 16 April 2014 establishing the framework for cooperation within the Single Supervisory Mechanism between the European Central Bank and national competent authorities and with national designated authorities (ECB/2014/17) (OJ 2014 L 141, p. 1).