Language of document :

Action brought on 28 July 2017 — Comercial Vascongada Recalde v Commission and SRB

(Case T-482/17)

Language of the case: Spanish

Parties

Applicant: Comercial Vascongada Recalde, S.A. (Madrid, Spain) (represented by: A. Rivas Rodríguez, lawyer)

Defendants: European Commission and Single Resolution Board

Form of order sought

Annul the decision of the Single Resolution Board of 7 June 2017 (SRB/EES/2017/08) concerning the adoption of a resolution scheme regarding the institution Banco Popular Español S.A., and of Commission Decision (EU) 2017/1246 of 7 June 2017 endorsing the resolution scheme for Banco Popular Español, S.A.;

Order the defendant[s] to remedy the harm and damage resulting from the loss in value of the shares in Banco Popular Español, S.A. held by Comercial Vascongada Recalde, S.A., taking the difference in the value of the shares on 6 June 2017, namely EUR 133 385.04, as reference for the compensation, together with interest at the appropriate rate.

Pleas in law and main arguments

In support of the action, the applicant relies on two pleas in law.

First plea in law, alleging infringement of Article 18(1)(a) and (4)(c) of 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 1 insofar as the Banco Popular was not ‘failing’ as described in those provisions.

Second plea in law, alleging infringement of Articles 10(10), 10(11) and 21(2)(b) of Regulation No 806/2014, insofar as there were indeed alternatives to the resolution of Banco Popular.

____________

1 OJ 2014 L 255, p. 1.