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Document 62020TN0304

    Case T-304/20: Action brought on 20 May 2020 — Molina Fernández v SRB

    OJ C 247, 27.7.2020, p. 32–33 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    27.7.2020   

    EN

    Official Journal of the European Union

    C 247/32

    Action brought on 20 May 2020 — Molina Fernández v SRB

    (Case T-304/20)

    (2020/C 247/43)

    Language of the case: Spanish

    Parties

    Applicant: Laura Molina Fernández (Madrid, Spain) (represented by: S. Rodríguez Bajón and A. Gómez-Acebo Dennes, lawyers)

    Defendant: Single Resolution Board

    Form of order sought

    The applicant claims that the Court should annul the contested decision.

    Pleas in law and main arguments

    This action is brought against Decision SRB/EES/2020/52 of the Single Resolution Board of 17 March 2020 determining whether compensation needs to be granted to the shareholders and creditors in respect of which the resolution actions concerning Banco Popular Español S.A. have been effected.

    In support of its action, the applicant relies on three pleas in law.

    1.

    In the first place, the applicant submits that the Valuation 3 Report was not drawn up by a genuinely independent expert, as required by Article 20(16) to (18) of Regulation (EU) No 806/2014 of the European Parliament and of the Council of 15 July 2014 establishing uniform rules and a uniform procedure for the resolution of credit institutions and certain investment firms in the framework of a Single Resolution Mechanism and a Single Resolution Fund and amending Regulation (EU) No 1093/2010 (OJ 2014 L 225, p. 1).

    2.

    In the second place, the applicant submits that the Valuation 3 Report is unlawful because the method of analysis used by Deloitte is incorrect, which led Deloitte to reach equally incorrect conclusions with seriously prejudicial effects on the applicant, who has unduly and unfairly been deprived of the compensation to which she is entitled.

    3.

    In the third place, the basis of the Valuation 3 Report on Banco Popular’s financial situation when it was put into resolution is incorrect.
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