This document is an excerpt from the EUR-Lex website
Document 62019TN0481
Case T-481/19: Action brought on 8 July 2019 — Portigon v SRB
Case T-481/19: Action brought on 8 July 2019 — Portigon v SRB
Case T-481/19: Action brought on 8 July 2019 — Portigon v SRB
IO C 305, 9.9.2019, p. 59–61
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
9.9.2019 |
EN |
Official Journal of the European Union |
C 305/59 |
Action brought on 8 July 2019 — Portigon v SRB
(Case T-481/19)
(2019/C 305/70)
Language of the case: German
Parties
Applicant: Portigon AG (Düsseldorf, Germany) (represented by: D. Bliesener, V. Jungkind and F. Geber, lawyers)
Defendant: Single Resolution Board (SRB)
Form of order sought
The applicant claims that the Court should:
— |
annul the defendant’s decision of 16 April 2019 on the calculation of the ex ante contributions to the Single Resolution Fund for 2019 (ref: SRB/ES/SRF/2019/10), in so far as the decision concerns the applicant; |
— |
stay the present proceedings under Article 69(c) and (d) of the Rules of Procedure of the General Court until a final decision is issued in Cases T-365/16, T-420/17 and T-413/18 or until those cases are otherwise brought to a conclusion; |
— |
order the defendant to pay the costs of the proceedings. |
Pleas in law and main arguments
In support of the action, the applicant relies on eight pleas in law.
1. |
First plea, alleging infringement of the first, second and third subparagraphs of Article 70(2) of Regulation (EU) No 806/2014 (1) in conjunction with Article 8(1)(d) of Implementing Regulation (EU) 2015/81, (2) Article 103(7) of Directive 2014/59/EU (3) and Article 114 TFEU
|
2. |
Second plea, alleging infringement of Article 41(2)(c) of the Charter of Fundamental Rights of the European Union (‘the Charter’), on the ground that the calculation procedure does not allow for a complete statement of reasons for the contested decision. The calculation is inapplicable in so far as it is based on Delegated Regulation (EU) 2015/63. |
3. |
Third plea, alleging infringement of Articles 16 and 20 of the Charter, since, in view of the special situation of the applicant, the contested decision is at variance with the general principle of equality. Furthermore, the contested decision interferes disproportionately with the applicant’s freedom to conduct a business. |
4. |
Fourth plea, alleging, in the alternative, infringement of Article 70(2) of Regulation (EU) No 806/2014 in conjunction with Article 103(7) of Directive 2014/59/EU, since the defendant, in calculating the amount of the contribution, should have excluded risk-free liabilities from the relevant liabilities |
5. |
Fifth plea, alleging, in the alternative, infringement of Article 70(6) of Regulation (EU) No 806/2014 in conjunction with Article 5(3) and (4) of Delegated Regulation (EU) 2015/63, since the defendant wrongly calculated the applicant’s contribution on the basis of a gross approach with regard to derivative contracts |
6. |
Sixth plea, alleging, in the alternative, infringement of Article 70(6) of Regulation (EU) No 806/2014, in conjunction with Article 6(8)(a) of Delegated Regulation (EU) 2015/63, since the defendant wrongly regarded the applicant as an institution undergoing reorganisation |
7. |
Seventh plea, alleging infringement of Article 41(1) and (2)(a) of the Charter, as the defendant should have heard the applicant prior to the adoption of the contested decision |
8. |
Eighth plea, alleging infringement of Article 41(1) and (2)(c) of the Charter and of the second paragraph of Article 296 TFEU on the ground that the defendant failed to provide an adequate statement of reasons for the contested decision |
(1) Regulation (EU) No 806/2014 of the European Parliament and of the Council of 15 July 2014 establishing uniform rules and a uniform procedure for the resolution of credit institutions and certain investment firms in the framework of a Single Resolution Mechanism and a Single Resolution Fund and amending Regulation (EU) No 1093/2010 (OJ 2014 L 225, p. 1).
(2) Council Implementing Regulation (EU) 2015/81 of 19 December 2014 specifying uniform conditions of application of Regulation (EU) No 806/2014 of the European Parliament and of the Council with regard to ex ante contributions to the Single Resolution Fund (OJ 2015 L 15, p. 1).
(3) Directive 2014/59/EU of the European Parliament and of the Council of 15 May 2014 establishing a framework for the recovery and resolution of credit institutions and investment firms and amending Council Directive 82/891/EEC, and Directives 2001/24/EC, 2002/47/EC, 2004/25/EC, 2005/56/EC, 2007/36/EC, 2011/35/EU, 2012/30/EU and 2013/36/EU, and Regulations (EU) No 1093/2010 and (EU) No 648/2012, of the European Parliament and of the Council (OJ 2014 L 173, p. 190).
(4) Commission Delegated Regulation (EU) 2015/63 of 21 October 2014 supplementing Directive 2014/59/EU of the European Parliament and of the Council with regard to ex ante contributions to resolution financing arrangements (OJ 2015 L 11, p. 44).