Appeal brought on 9 April 2024 by Dexia, formerly Dexia Crédit Local, against the judgment of the General Court (Eighth Chamber, Extended Composition) delivered on 24 January 2024 in Case T-405/21, Dexia Crédit Local v SRB
(Case C-254/24 P)
Language of the case: French
Parties
Appellant: Dexia, formerly Dexia Crédit Local (represented by: H. Gilliams, advocaat, J.-M. Gollier, avocat)
Other parties to the proceedings: Single Resolution Board, European Parliament, Council of the European Union, European Commission
Form of order sought
The appellant claims that the Court should:
set aside in part the judgment of the General Court of the European Union of 24 January 2024, Dexia Crédit Local v SRB (T-405/21, ECLI:EU:T:2024:33), in so far as, while declaring void the decision of the Single Resolution Board (‘SRB’) of 14 April 2021 on the calculation of the ex ante 2021 contributions to the Single Resolution Fund, with reference SRB/ES/2021/22 (‘the decision of the SRB’), that judgment temporarily maintains the effects of that decision;
annul the decision of the SRB; and
order the SRB to pay the costs of the proceedings (including the proceedings before the General Court).
Grounds of appeal and main arguments
In support of its appeal, the appellant relies on four grounds of appeal.
1. First ground of appeal relating to the General Court’s finding that Articles 5, 69 and 70 of Regulation No 806/2014 1 satisfy the conditions of Article 114(1) TFEU.
2. Second ground of appeal relating to the General Court’s finding that Articles 69 and 70 of Regulation No 806/2014 do not constitute fiscal provisions within the meaning of Article 114(2) TFEU.
3. Third ground of appeal relating to the General Court’s finding that the way in which the appellant was treated does not breach the principle of equality.
4. Fourth ground of appeal relating to the General Court’s finding that the way in which the appellant was treated does not breach the principle of proportionality.
____________
1 Regulation (EU) No 806/2014 of the European Parliament and of the Council of 15 July 2014 establishing uniform rules and a uniform procedure for the resolution of credit institutions and certain investment firms in the framework of a Single Resolution Mechanism and a Single Resolution Fund and amending Regulation (EU) No 1093/2010 (OJ 2014 L 225, p. 1).