Judgment of the General Court of 22 November 2023 – Molina Fernández v SRB
(Case T-304/20) 1
(Economic and monetary union – Banking union – Single resolution mechanism for credit institutions and certain investment firms (SRM) – Resolution of Banco Popular Español – Decision of the SRB refusing to grant compensation to the shareholders and creditors affected by the resolution actions – Valuation of difference in treatment – Independence of the valuer)
Language of the case: Spanish
Parties
Applicant: Laura Molina Fernández (Madrid, Spain) (represented by: S. Rodríguez Bajón, A. Gómez-Acebo Dennes and A. Ruiz Ojeda, lawyers)
Defendant: Single Resolution Board (represented by: M. Fernández Rupérez, A. Lapresta Bienz, L. Forestier and J. Rius Riu, acting as Agents, and by H.-G. Kamann, F. Louis, V. Del Pozo Espinosa de los Monteros and L. Hesse, lawyers)
Intervener in support of the defendant: Kingdom of Spain (represented by: A. Gavela Llopis, acting as Agent)
Re:
By her action under Article 263 TFEU, the applicant seeks the annulment of Decision SRB/EES/2020/52 of the Single Resolution Board (SRB) of 17 March 2020 determining whether compensation needs to be granted to the shareholders and creditors in respect of which the resolution actions concerning Banco Popular Español, SA have been effected.
Operative part of the judgment
The Court:
Dismisses the action;
Orders Ms Laura Molina Fernández to bear her own costs and to pay those incurred by the Single Resolution Board (SRB);
Orders the Kingdom of Spain to bear its own costs.
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1 OJ C 247, 27.7.2020.