Judgment of the General Court of 15 October 2025 – MeSoFa v SRB

(Case T-290/23) (1)

(Access to documents - Regulation (EC) No 1049/2001 - Documents concerning the adoption by the Single Resolution Board (SRB) of a resolution scheme for Sberbank d.d. - Decisions of the SRB Appeal Panel concerning confirmatory decisions of the SRB refusing access - Partial refusal of access - Exception relating to the protection of the financial, monetary or economic policy of the European Union or of a Member State - Fourth indent of Article 4(1)(a) of Regulation No 1049/2001 - Exception relating to the protection of the commercial interests of a third party - First indent of Article 4(2) of Regulation No 1049/2001 - Exception relating to the protection of the purpose of inspections, investigations and audits - Third indent of Article 4(2) of Regulation No 1049/2001)

(C/2025/6164)

Language of the case: English

Parties

Applicant: MeSoFa Vermögensverwaltungs AG, formerly Sber Vermögensverwaltungs AG (Vienna, Austria) (represented by: M. Fernandez, lawyer)

Defendant: Single Resolution Board (represented by: H. Ehlers, L. Forestier, A. Lapresta Bienz and J. Rius Riu, acting as Agents)

Re:

By its action under Article 263 TFEU, the applicant seeks annulment of the decision of the Single Resolution Board (SRB) of 28 July 2022 with respect to the applicant’s request for access to documents relating to the adoption of a resolution scheme for Sberbank d.d. by the SRB, the decision of the SRB Appeal Panel (‘the Appeal Panel’) of 8 March 2023 in Case 4/2022, the SRB’s negative reply within the meaning of Article 8(3) of Regulation (EC) No 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), the SRB’s decision of 21 December 2023 concerning the same request for access and the decision of the Appeal Panel of 22 May 2024 in Case 2/2024.

Operative part of the judgment

The Court:

Declares that there is no longer any need to adjudicate on the claims seeking annulment of the decision of the Single Resolution Board (SRB) of 28 July 2022 concerning a request for access to documents made by MeSoFa Vermögensverwaltungs AG, the decision of the SRB Appeal Panel of 8 March 2023 in Case 4/2022 and the SRB’s negative reply within the meaning of Article 8(3) of Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents;

2.	Dismisses the action as to the remainder;

3.	Orders MeSoFa Vermögensverwaltungs to pay the costs.

(1) OJ C 271, 31.7.2023.