Judgment of the General Court of 20 December 2023 – OCU v SRB
(Case T-496/18) 1
(Access to documents – Regulation (EC) No 1049/2001 – Documents relating to the adoption by the SRB of a resolution scheme in respect of Banco Popular Español – Decision of the SRB Appeal Panel concerning a confirmatory decision of the SRB refusing access – Right of access to the file – Article 41(2) of the Charter of Fundamental Rights)
Language of the case: Spanish
Parties
Applicant: Organización de Consumidores y Usuarios (OCU) (Madrid, Spain) (represented by: E. Martínez Martínez and C. López‑Mélida de Ramón, lawyers)
Defendant: Single Resolution Board (represented by: A. Lapresta Bienz, H. Ehlers, M. Fernández Rupérez and J. Rius Riu, acting as Agents)
Interveners in support of the defendant: Banco Santander, SA (Santander, Spain) (represented by: J. Rodríguez Cárcamo and A. Rodríguez Conde, lawyers), European Commission (represented by: C. Ehrbar, A. Steiblytė and P. Němečková, acting as Agents)
Re:
By its action under Article 263 TFEU, the applicant seeks the annulment of the final decision of the Appeal Panel of the Single Resolution Board (SRB) of 19 June 2018 in Case 54/2017 concerning a refusal to grant access to documents relating to the adoption of a resolution scheme in respect of Banco Popular Español, SA.
Operative part of the judgment
The Court:
Dismisses the action;
Orders Organización de Consumidores y Usuarios (OCU) to bear its own costs and to pay those incurred by the Single Resolution Board (SRB) and by Banco Santander, SA;
Orders the European Commission to bear its own costs.
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1 OJ C 352, 1.10.2018.