DZ Hyp v CRU (Economic and monetary union - Banking union - Single resolution mechanism for credit institutions and certain investment firms (SRMs) - Judgment) French Text [2024] EUECJ T-395/21 (20 March 2024)

DZ Hyp v CRU (Economic and monetary union - Banking union - Single resolution mechanism for credit institutions and certain investment firms (SRMs) - Judgment) French Text [2024] EUECJ T-395/21 (20 March 2024)

The Tribunal held that the calculation method for ex ante contributions, as set out in Delegated Regulation 2015/63 and applied by the SRB, does not violate the principles of effective judicial protection or legal certainty. The use of confidential data is justified to protect business secrets, and the method provides sufficient clarity and predictability for contributors. The Tribunal found that the applicant's rights under the Charter were not infringed and that the SRB's discretion is adequately circumscribed by law.

Citation
[2024] EUECJ T-395/21
Parties
Applicant: DZ Hyp AG; Respondent: Conseil de résolution unique (CRU); Intervener: Commission européenne
Jurisdiction
European Union
Judgment Date
20 March 2024
Procedural Posture
Action for Annulment / Final Judgment
Outcome
application dismissed
Legal Topics
Single Resolution Mechanism, Banking Union, Ex Ante Contributions, Risk Adjustment, Judicial Protection, Legal Certainty, Proportionality, Equality of Treatment
European Union Law Banking and Financial Regulation Single Resolution Mechanism Banking Union Ex Ante Contributions Risk Adjustment Judicial Protection Legal Certainty +2 more

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Parties

DZ Hyp AG

Applicant

Conseil de résolution unique (CRU)

Respondent

Commission européenne

Intervener

Procedural Posture

Action for Annulment / Final Judgment

Legal Issues

  1. 1 Whether the calculation method for ex ante contributions to the Single Resolution Fund violates the principles of effective judicial protection and legal certainty
  2. 2 Whether the relevant provisions of Delegated Regulation 2015/63 are illegal due to lack of transparency, excessive discretion, or insufficient motivation
  3. 3 Whether the applicant's rights under the Charter of Fundamental Rights of the EU are infringed

Ratio Decidendi

The Tribunal held that the calculation method for ex ante contributions, as set out in Delegated Regulation 2015/63 and applied by the SRB, does not violate the principles of effective judicial protection or legal certainty. The use of confidential data is justified to protect business secrets, and the method provides sufficient clarity and predictability for contributors. The Tribunal found that the applicant's rights under the Charter were not infringed and that the SRB's discretion is adequately circumscribed by law.

Court Disposition

application dismissed

Orders

  • The application is dismissed.
  • The applicant is ordered to pay the costs.