Judgment of the General Court of 22 November 2023 – Del Valle Ruíz and Others v SRB
(Joined Cases T-302/20, T-303/20 and T-307/20) 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 – Right to property – Right to be heard – Right to an effective remedy – Valuation of difference in treatment – Independence of the valuer)
Language of the case: Spanish
Parties
Applicants in Case T-302/20: Antonio Del Valle Ruíz (Mexico, Mexico) and the 36 other applicants whose names are listed in the annex to the judgment (represented by: B. Fernández García, J. Álvarez González and P. Rubio Escobar, lawyers)
Applicants in Case T-303/20: José María Arias Mosquera (Madrid, Spain) and the 28 other applicants whose names are listed in the annex to the judgment (represented by: B. Fernández García, J. Álvarez González and P. Rubio Escobar, lawyers)
Applicant in Case T-307/20: Calatrava Real State 2015, SL (Madrid) (represented by: B. Fernández García, J. Álvarez González and P. Rubio Escobar, 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 applicants in Case T-302/20: Aeris Invest Sàrl (Luxembourg, Luxembourg) (represented by: R. Vallina Hoset and M. Varela Suárez, lawyers)
Intervener in support of the defendant in Joined Cases T-302/20, T-303/20 and T-307/20: Kingdom of Spain (represented by A. Gavela Llopis, acting as Agent)
Re:
By their actions under Article 263 TFEU, the applicants seek 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 actions;
Orders, in Case T-302/20, Mr Antonio Del Valle Ruíz and the other applicants whose names appear in the annex, in Case T-303/20, Mr José María Arias Mosquera and the other applicants whose names appear in the annex and, in Case T-307/20, Calatrava Real State 2015, SL, to bear their own costs and to pay those incurred by the Single Resolution Board (SRB);
Orders the Kingdom of Spain to bear its own costs;
Orders Aeris Invest Sàrl to bear its own costs.
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1 OJ C 247, 27.7.2020.