Order of the Court (Sixth Chamber) of 3 March 2022 – Single Resolution Board v Hypo Vorarlberg Bank AG
(Case C-663/20 P) 1
(Appeal – Article 182 of the Rules of Procedure of the Court – Banking union – Single Resolution Mechanism (SRM) – Single Resolution Fund (SRF) – Calculation of the 2017 ex ante contributions – Authentication of a decision of the Single Resolution Board (SRB) – Obligation to state reasons – Confidential data)
Language of the case: German
Parties
Appellant: Single Resolution Board (represented: initially by P. A. Messina, J. Kerlin and H. Ehlers, acting as Agents, and by H.-G. Kamann and P. Gey, Rechtsanwälte, and F. Louis, avocat, and subsequently by J. Kerlin and H. Ehlers, acting as Agents, and by H.-G. Kamann and P. Gey, Rechtsanwälte, and F. Louis, avocat)
Other party to the proceedings: Hypo Vorarlberg Bank AG (represented by: G. Eisenberger and A. Brenneis, Rechtsanwälte)
Operative part of the order
The judgment of the General Court of the European Union of 23 September 2020, Hypo Vorarlberg Bank v SRB (T-414/17, not published, EU:T:2020:437), is set aside.
The decision of the Executive Session of the Single Resolution Board of 11 April 2017 on the calculation of the 2017 ex ante contributions to the Single Resolution Fund (SRB/ES/SRF/2017/05) is annulled, in so far as it concerns Hypo Vorarlberg Bank AG.
The effects of the decision of the Executive Session of the Single Resolution Board of 11 April 2017 on the calculation of the 2017 ex ante contributions to the Single Resolution Fund (SRB/ES/SRF/2017/05), in so far as it concerns Hypo Vorarlberg Bank AG, are maintained until the entry into force, within a reasonable period which cannot exceed six months from the date of service of this order, of a new decision of the Single Resolution Board fixing the 2017 ex ante contribution to the Single Resolution Fund of that institution.
The Single Resolution Board shall bear its own costs, both at first instance and on appeal, and shall pay the costs incurred by Hypo Vorarlberg Bank AG at first instance.
Hypo Vorarlberg Bank AG shall bear its own costs relating to the appeal proceedings.
There is no longer any need to adjudicate on the application submitted by the Kingdom of Spain for leave to intervene in support of the form of order sought by the Single Resolution Board.
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1 OJ C 44, 8.2.2021.