Judgment of the General Court of 20 December 2023 – Confédération nationale du Crédit mutuel and Others v SRB
(Case T-384/21) 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 – Principle of good administration – Principle of effective judicial protection – Plea of illegality – Limitation of the temporal effects of the judgment)
Language of the case: French
Parties
Applicants: Confédération nationale du Crédit mutuel (Paris, France) and 26 other applicants whose names are listed in the annex to the judgment (represented by: A. Gosset-Grainville and M. Trabucchi, lawyers)
Defendant: Single Resolution Board (represented by: J. Kerlin, C. De Falco and C. Flynn, acting as Agents, and by H.-G. Kamann, F. Louis, P. Gey and V.Del Pozo Espinosa de los Monteros, lawyers)
Interveners in support of the defendent: European Parliament (represented by: J. Etienne, O. Denkov and M. Menegatti, acting as Agents), Council of the European Union (represented by: E. d’Ursel, A. Westerhof Löfflerová and J. Bauerschmidt, acting as Agents), European Commission (represented by: D. Triantafyllou, A. Nijenhuis and A. Steiblytė, acting as Agents)
Re:
By their action under Article 263 TFEU, the applicants seek 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 them.
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 Confédération nationale du Crédit mutuel and the other applicants whose names are listed in the annex;
Maintains the effects of Decision SRB/ES/2021/22 in so far as it concerns Confédération nationale du Crédit mutuel and the other applicants whose names are listed in the annex 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 those institutions’ ex-ante contribution to the Single Resolution Fund for the 2021 contribution period;
Orders the SRB to bear its own costs and to pay those incurred by Confédération nationale du Crédit mutual and the other applicants whose names are listed in the annex;
Orders the European Parliament, the Council of the European Union and the European Commission to bear their own costs.
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1 OJ C 338, 23.8.2021