21.8.2017 |
EN |
Official Journal of the European Union |
C 277/56 |
Action brought on 10 July 2017 — Portigon v SRB
(Case T-420/17)
(2017/C 277/81)
Language of the case: German
Parties
Applicant: Portigon AG (Düsseldorf, Germany) (represented by: D. Bliesener and V. Jungkind, lawyers)
Defendant: Single Resolution Board (SRB)
Form of order sought
The applicant claims that the Court should:
— |
annul the defendant’s decision of 11 April 2017 concerning the calculation of the ex-ante contributions to the Single Resolution Fund for 2017 (SRB/ES/SRF/2017/05) in so far as the decision concerns the applicant; and |
— |
order the defendant to pay the costs of the proceedings. |
Pleas in law and main arguments
In support of the action, the applicant relies on seven pleas in law:
1. |
First plea in law, alleging infringement of the first to third subparagraphs of Article 70(2) of Regulation (EU) No 806/2014 (1) in conjunction with Article 8(1)(b) of Implementing Regulation (EU) 2015/81 (2) in conjunction with Article 103(7) of Directive 2014/59/EU (3)
|
2. |
Second plea in law, alleging infringement of Article 16 and Article 20 of the Charter of Fundamental Rights of the European Union (‘the Charter’), since, in view of the special situation of the applicant in comparison with other credit institutions liable to pay contributions, the decision is contrary to the general principle of equality. Furthermore, the decision interferes disproportionately with the applicant’s freedom to conduct a business |
3. |
Third plea in law, alleging, in the alternative, infringement of Article 70(2) of Regulation (EU) No 806/2014, in conjunction with Article 103(7) of Directive 2014/59/EU, since the defendant, in calculating the amount of the contribution, wrongly failed to exclude the applicant’s risk-free on-balance sheet fiduciary business from the liabilities relevant to collection of the contribution |
4. |
Fourth plea in law, alleging, in the alternative, infringement of Article 70(6) of Regulation (EU) No 806/2014, in conjunction with Article 5(3) and (4) of Delegated Regulation (EU) 2015/63, since the defendant wrongly calculated the applicant’s contribution on the basis of a gross approach with regard to derivative contracts |
5. |
Fifth plea in law, alleging, in the alternative, infringement of Article 70(6) of Regulation (EU) No 806/2014, in conjunction with Article 6(8)(a) of Delegated Regulation (EU) 2015/63, since the defendant, in calculating the amount of the contribution, wrongly regarded the applicant as an institution undergoing reorganisation and the risk indicator under Article 6(5)(c) of Delegated Regulation (EU) 2015/63 should have taken the minimum value |
6. |
Sixth plea in law, alleging infringement of Article 41(1) and (2)(a) of the Charter due to the absence of an opportunity for the applicant to be heard |
7. |
Seventh plea in law, alleging infringement of Article 41(1) and (2)(c) of the Charter due to the fact that the decision fails to state adequate reasons |
(1) 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) Council Implementing Regulation (EU) 2015/81 of 19 December 2014 specifying uniform conditions of application of Regulation (EU) No 806/2014 of the European Parliament and of the Council with regard to ex ante contributions to the Single Resolution Fund (OJ 2015 L 15, p. 1).
(3) Directive 2014/59/EU of the European Parliament and of the Council of 15 May 2014 establishing a framework for the recovery and resolution of credit institutions and investment firms and amending Council Directive 82/891/EEC, and Directives 2001/24/EC, 2002/47/EC, 2004/25/EC, 2005/56/EC, 2007/36/EC, 2011/35/EU, 2012/30/EU and 2013/36/EU, and Regulations (EU) No 1093/2010 and (EU) No 648/2012, of the European Parliament and of the Council (OJ 2014 L 173, p. 190).
(4) Commission Delegated Regulation (EU) 2015/63 of 21 October 2014 supplementing Directive 2014/59/EU of the European Parliament and of the Council with regard to ex ante contributions to resolution financing arrangements (OJ 2015 L 11, p. 44).