26.11.2018 |
EN |
Official Journal of the European Union |
C 427/79 |
Action brought on 29 August 2018 — Del Valle Ruiz and Others V SRB
(Case T-514/18)
(2018/C 427/106)
Language of the case: English
Parties
Applicants: Antonio Del Valle Ruiz (Mexico City, Mexico) and 36 others (represented by: P. Saini, QC, J. Pobjoy, Barrister and R. Boynton, Solicitor)
Defendant: Single Resolution Board (SRB)
Form of order sought
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annul the final decision of the SRB Appeal Panel in Case 48/2017, dated 19 June 2018, insofar as the latter held that the Single Resolution Board (SRB) was entitled to rely upon (i) Article 4(1)(a), fourth indent; (ii) Article 4(2), first indent; (iii) Article 4(2), third indent; and/or (iv) Article 4(3) of Regulation No. 1049/2001 (1) (and/or the equivalent provisions under SRB Decision SRB/ES/2017/01 of 9 February 2017 on public access to SRB documents), in order to justify non-disclosure of the documents requested by the applicants in their confirmatory application dated 23 August 2017 concerning the adoption of a resolution scheme in respect of Banco Popular Español; |
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order the defendant to pay the costs. |
Pleas in law and main arguments
In support of the action, the applicants rely on six pleas in law.
1. |
First plea in law, alleging that the SRB Appeal Panel has infringed the fourth indent of Article 4(1)(a) of Regulation No. 1049/2001. |
2. |
Second plea in law, alleging that the Appeal Panel has infringed the first indent of Article 4(2) of Regulation No. 1049/2001. |
3. |
Third plea in law, alleging that the Appeal Panel has infringed Article 4(3) of Regulation No. 1049/2001. |
4. |
Fourth plea in law, alleging that the Appeal Panel has infringed the third indent of Article 4(2) of Regulation No. 1049/2001. |
5. |
Fifth plea in law, alleging that the Appeal Panel has infringed Article 4(6) of Regulation No. 1049/2001 |
6. |
Sixth plea in law, alleging that the Appeal Panel has infringed Article 11 of Regulation No. 1049/2001. |
(1) Regulation (EC) 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ 2001 L 145, p. 43).