Appeal brought on 15 February 2023 by Trasta Komercbanka AS against the judgment of the General Court (Ninth Chamber) delivered on 30 September 2022 in Case T-698/16, Trasta Komercbanka and Others v ECB

(Case C-103/23 P)

Language of the case: English

Parties

Appellant: Trasta Komercbanka AS (represented by: A. Rasa)

Other parties to the proceedings: European Central Bank, Republic of Latvia, European Commission, Ivan Fursin, Igors Buimisters, C & R Invest SIA, Figon Co. Ltd, GCK Holding Netherlands BV, Rikam Holding SA

Form of order sought

The appellant claims that the Court should:

annul the judgment under appeal;

order the ECB to pay financial compensation in respect of the harm which the appellant has suffered as result of the ECB’s decision to revoke the appellant’s licence on 3 March 2016 and the related conduct which is described in this application;

determine that the material damage amounts to at least EUR 162 million together with a compensatory interest starting at 3 March 2016 until delivery of the judgment in the present case and with corresponding default interest from the date of delivery of judgment until its payment in full;

order the ECB to bear the cost of the application pursuant to Articles 134 and 135 of the Rules of Procedure of the General Court.

Pleas in law and main arguments

In the judgment under appeal, the General Court committed a series of procedural errors, which are grounds for annulment of the judgment.

Considering that there are doubts that Mr O. Behrends had a conflict of interest when acting for both Trasta Komercbanka AS and other applicants in the proceedings before the General Court, it is considered that the appellant’s right to a fair trial before the General Court was violated.

Also, in accordance with Latvian law, the proceedings may be taken over by Mr Igor Buimisters heirs.

Since the judgment under appeal therefore determines the obligation of Trasta Komercbanka AS to cover the costs of legal proceedings, it infringes on the rights of third parties – the creditors of Trasta Komercbanka AS. Thus, that judgment violates the rights of third parties who did not have the right to participate in the legal proceedings.

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