Judgment of the General Court of 20 March 2024 – Deutsche Kreditbank v SRB
(Case T-391/21) 1
(Economic and monetary union – Banking union – Single Resolution Mechanism for credit institutions and certain investment firms (SRM) – Single Resolution Fund (SRF) – Decision of the SRB on the calculation of the 2021 ex ante contributions – Duty to state reasons – Effective judicial protection – Equal treatment – Principle of proportionality – SRB’s discretion – Plea of illegality – Commission’s discretion – Limitation of the temporal effects of the judgment)
Language of the case: German
Parties
Applicant: Deutsche Kreditbank AG (Berlin, Germany) (represented by: H. Berger, M. Weber and D. Schoo, lawyers)
Defendant: Single Resolution Board (represented by: J. Kerlin, T. Wittenberg and D. Ceran, acting as Agents, and by H.-G. Kamann, F. Louis, P. Gey and L. Hesse, lawyers)
Intervener in support of the defendant: European Commission (represented by: D. Triantafyllou and A. Steiblytė, acting as Agents)
Re:
By its action under Article 263 TFEU, the applicant seeks the annulment of Decision SRB/ES/2021/22 of the Single Resolution Board (SRB) of 14 April 2021 on the calculation of the 2021 ex ante contributions to the Single Resolution Fund, in so far as that decision concerns it.
Operative part of the judgment
The Court:
Annuls Decision SRB/ES/2021/22 of the Single Resolution Board (SRB) of 14 April 2021 on the calculation of the 2021 ex ante contributions to the Single Resolution Fund, in so far as it concerns Deutsche Kreditbank AG;
Maintains the effects of Decision SRB/ES/2021/22, in so far as it concerns Deutsche Kreditbank AG, until the entry into force, within a reasonable period which cannot exceed six months from the date of delivery of the present judgment, of a new decision of the SRB fixing the ex ante contribution to the Single Resolution Fund of that institution for the 2021 contribution period;
Orders the SRB to bear its own costs and to pay those incurred by Deutsche Kreditbank AG;
Orders the European Commission to bear its own costs.
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1 OJ C 349, 30.8.2021.