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. |