Order of the General Court (Eighth Chamber) of 22 January 2025 –
Hernando Avendaño and Others v SRB
(Case T-669/17)
(Action for annulment and for damages – Economic and monetary policy – Single resolution mechanism for credit institutions and certain investment firms – Resolution scheme in respect of Banco Popular Español – Measure not open to challenge – Manifest inadmissibility)
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1. |
Action for annulment – Actionable measures – Concept – Measures producing binding legal effects – Preparatory measures – Decision to adopt a resolution scheme by the Single Resolution Board (SRB) – Entry into force – No binding legal effects produced – Not included (Art. 263 TFEU; European Parliament and Council Regulation No 806/2014, Arts 18(1) to (8) and 30(1) and (2)) (see paragraphs 13, 14) |
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2. |
Actions for damages – Application for damages linked to an application for annulment – Dismissal of application for annulment leading to dismissal of the application for damages (Arts 263 and 340 TFEU) (see paragraph 17) |
Operative part
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1. |
The action is dismissed. |
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2. |
There is no need to adjudicate on the applications to intervene of the Kingdom of Spain, the European Commission, Banco Santander, SA and Banco Popular Español, SA. |
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3. |
Ms María Hernando Avendaño, Mr Ignacio Ruiz Rivas Hernando, Mr Juan Ruiz Rivas Cuesta and Ms Lucía Ruiz-Rivas Cuesta shall bear their own costs and pay those incurred by the Single Resolution Board (SRB). |
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4. |
The Kingdom of Spain and the Commission shall bear their own costs relating to the applications to intervene. |
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5. |
Banco Santander shall bear its own costs and pay those incurred by Banco Popular Español relating to the applications to intervene. |