Order of the General Court (Ninth Chamber) of 24 September 2021 –
Pilatus Bank v ECB

(Case T‑139/19)

(Economic and monetary policy – Prudential supervision of credit institutions – Withdrawal of licence – Tasks conferred on the ECB – Action manifestly lacking any foundation in law)

1.	Judicial proceedings – Objection of inadmissibility – Power of the General Court to dismiss an action on the merits without ruling on the objection of inadmissibility – Extent of its discretion (Rules of Procedure of the General Court, Arts 126 and 130) (see para. 23)

Economic and monetary policy – Economic policy – Supervision of the EU financial sector – Single supervisory mechanism – Prudential supervision of credit institutions – Withdrawal from an entity of the authorisation required for access to the activity of a credit institution – ECB’s competence to carry out prudential supervision tasks with regard to such an entity – None

(European Parliament and Council Regulation No 575/2013, Art. 4(1); Council Regulation No 1024/2013, Arts 2(1) and (3), 3(3), Arts 4 and 14(1) and (5); European Parliament and Council Directive 2013/36, Art. 9(1))

(see paras 35-41)

Re:

Action pursuant to Article 263 TFEU for annulment of the ECB’s decision of 21 December 2018 declaring to the applicant that it was no longer competent to ensure its direct prudential supervision and to take measures concerning it.

Operative part

1.	The action is dismissed.

2.	Pilatus Bank plc shall bear its own costs and pay those incurred by the European Central Bank (ECB).