24.6.2019 |
EN |
Official Journal of the European Union |
C 213/69 |
Action brought on 24 April 2019 — PNB Banka and Others v ECB
(Case T-275/19)
(2019/C 213/67)
Language of the case: English
Parties
Applicants: PNB Banka AS (Riga, Latvia), CR (*1), CT (*1) (represented by: O. Behrends, and M. Kirchner, lawyers)
Defendant: European Central Bank (ECB)
Form of order sought
The applicants claim that the Court should:
— |
annul the ECB’s decision of 14 February 2019 to conduct an on-site inspection on the premises of PNB Banka AS and its group companies; |
— |
order the defendant to pay the costs. |
Pleas in law and main arguments
In support of the action, the applicants rely on ten pleas in law.
1. |
First plea in law, alleging that the ECB was not the competent supervisory authority with respect to PNB Banka AS at the time of the decision to conduct the on-site inspection. |
2. |
Second plea in law, alleging that the contested decision was not ‘necessary’ within the meaning of Article 12 of the SSM Regulation. (1) |
3. |
Third plea in law, alleging that the ECB failed to duly exercise its discretion pursuant to Article 12(1) of the SSM Regulation. |
4. |
Fourth plea in law, alleging that the ECB violated the principle of proportionality. |
5. |
Fifth plea in law, alleging that the ECB violated the applicants’ rights to be heard. |
6. |
Sixth plea in law, alleging that the ECB violated its obligation to examine and appraise carefully and impartially all the relevant aspects of the individual case. |
7. |
Seventh plea in law, alleging that the ECB violated the obligation to provide adequate reasoning for its decision. |
8. |
Eighth plea in law, alleging that the ECB violated the principles of legitimate expectations and legal certainty. |
9. |
Ninth plea in law, alleging that the ECB violated the principle of equal treatment and acted in a discriminatory manner with respect to the applicants. |
10. |
Tenth plea in law, alleging that the ECB violated Article 19 of and recital 75 to the preamble of the SSM Regulation and committed a détournement de pouvoir. |
(*1) Information erased or replaced within the framework of protection of personal data and/or confidentiality.
(1) Council Regulation (EU) No 1024/2013 of 15 October 2013 conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions (OJ 2013 L 287, p. 63).