Judgment of the General Court of 10 April 2024 – Dexia v SRB (2022 ex ante contributions)
(Case T-411/22) 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 ex ante contributions for the 2022 contribution period – Article 70(2) of Regulation (EU) No 806/2014 – Error of law – Limitation of the temporal effects of the judgment)
Language of the case: French
Parties
Applicant: Dexia, formerly Dexia Crédit Local (Paris, France) (represented by: H. Gilliams and J.-M. Gollier, lawyers)
Defendant: Single Resolution Board (represented by: K.-P. Wojcik, J. Kerlin and C. De Falco, acting as Agents, and by H.-G. Kamann, F. Louis and P. Gey, lawyers)
Interveners in support of the defendant: European Parliament (represented by: J. Etienne, M. Menegatti and G. Bartram, acting as Agents) and Council of the European Union (represented by: E. d’Ursel, J. Haunold and A. Westerhof Löfflerová, acting as Agents)
Re:
By its action based on Article 263 TFEU, the applicant seeks annulment of Decision SRB/ES/2022/18 of the Single Resolution Board (SRB) of 11 April 2022 on the calculation of the 2022 ex ante contributions to the Single Resolution Fund (SRF), in so far as that decision concerns it.
Operative part of the judgment
The Court:
Annuls Decision SRB/ES/2022/18 of the Single Resolution Board (SRB) of 11 April 2022 on the calculation of the 2022 ex ante contributions to the Single Resolution Fund (SRF) in so far as it concerns Dexia;
Maintains the effects of Decision SRB/ES/2022/18, in so far as it concerns Dexia, until the SRB has taken the measures necessary to implement the present judgment, which must occur within a reasonable period that cannot exceed six months from the day on which the present judgment becomes final;
Orders the SRB to bear its own costs and to pay those incurred by Dexia;
Orders the European Parliament and the Council of the European Union to bear their own costs.
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1 OJ C 311, 16.8.2022.