Order of the General Court (Seventh Chamber) of 8 September 2023 –
MeSoFa v Council and Others

(Case T‑524/22)

(Action for annulment – Economic and monetary policy – Single Resolution Mechanism for credit institutions and certain investment firms (SRM) – Resolution procedure applicable where an entity is failing or is likely to fail – Adoption of a resolution scheme – Identification of the defendant – Partial inadmissibility)

Actions for annulment – Admissibility criteria – Action against the author of the contested measure – Application for annulment of the approval of a decision of the Single Resolution Board (SRB) relating to the adoption of a resolution scheme – No participation of the Council in the resolution procedure – Action directed against the Council – Inadmissibility

(Art. 263 TFEU; European Parliament and Council Regulation No 806/2014, Art. 18(7), third subpara.)

(see paragraphs 11, 16-19)

Operative part

1. 

The action is dismissed as inadmissible in so far as it is directed against the Council of the European Union.

2. 

MeSoFa Vermögensverwaltungs AG shall bear its own costs and pay those incurred by the Council relating to the plea of inadmissibility.