10.10.2016   

EN

Official Journal of the European Union

C 371/25

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annul the defendant’s decision concerning the applicant’s annual contribution to the restructuring fund for the contribution year from 1 January to 31 December 2016;

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order the defendant to pay the applicant’s costs.

1.

First plea in law, alleging infringement of Article 103(2) and (7) of Directive 2014/59/EU (1) and of Article 70(2) of Regulation (EU) No 806/2014 (2)

The applicant claims that the defendant’s decision concerning its annual contribution is unlawful because it takes account, for the purpose of reducing the contribution, only of the applicant’s development business and not of its auxiliary development business as well. As a result, the applicant’s annual contribution to the restructuring fund for the contribution year from 1 January to 31. December 2016 has been set too high.

2.

Second plea in law, alleging infringement of the regulations giving effect to Directive 2014/59/EU and Regulation (EU) No 806/2014, which, in accordance with those legislative acts, are to be interpreted as meaning that they also give preference to auxiliary development business.

3.

Third plea in law, alleging, in the alternative, the unlawfulness of the regulations giving effect to Directive 2014/59/EU and Regulation (EU) No 806/2014.

In this regard, the applicant argues that if an interpretation of the implementing regulations in accordance with Directive 2014/59/EU and Regulation (EU) No 806/2014 is not possible, the implementing regulations are, in that respect, unlawful. Consequently, the defendant’s decision based on those implementing regulations is also unlawful.