Order of the General Court (Fourth Chamber) of 25 June 2014 —
Accorinti and Others v ECB
(Case T‑224/12)
Action for annulment — Economic and monetary policy — ECB — National central banks — Restructuring of the Greek Government debt — Eligibility of marketable debt instruments issued or fully guaranteed by Greece for the purposes of Eurosystem monetary policy operations — Sufficient maintenance of the credit quality threshold in order to remain eligible — Collateral enhancement in the form of a buy-back scheme for debt instruments for the benefit of the national central banks — Private creditors — Whether certain legal effects may be attributed to the contested measure — No legal interest in bringing proceedings — Lack of direct concern — Inadmissibility
1. Actions for annulment — Interest in bringing proceedings — Interest to be assessed at the time at which an action is brought — Action brought against a measure producing binding legal effects on the applicant — Repeal of the contested measure in the course of the proceedings — Declaration that no need to adjudicate — Not permissible — Maintenance of the applicant’s interest in obtaining recognition of the unlawfulness of the contested measure (Arts 263 TFEU and 266 TFEU) (see paras 68, 69)
2. Actions for annulment — Natural or legal persons — Measures of direct and individual concern to them — Whether directly concerned — Criteria — Decision of the European Central Bank holding Greek debt instruments not meeting the minimum requirements of the Eurosystem in regard to the credit quality threshold eligible in exchange for a buy-back scheme in favour of national central banks — Action brought by private creditors holding Greek debt instruments — Not directly concerned — Inadmissibility (Art. 263, fourth para., TFEU; Decision of the European Central Bank 2012/153, Art. 1(1)) (see paras 72, 81, 82, 88, 89)
Re:
| APPLICATION for annulment of Decision 2012/153/EU of the European Central Bank of 5 March 2012 on the eligibility of marketable debt instruments issued or fully guaranteed by the Hellenic Republic in the context of the Hellenic Republic’s debt exchange offer (ECB/2012/3) (OJ 2012 L 77, p. 19). |
Operative part
1. | | The action is dismissed as inadmissible. |
2. | | Mr Alessandro Accorinti and the other applicants whose names are set out in the annex are ordered to pay the costs. |