Hypo Vorarlberg Bank v CRU (Economic and monetary union) - Banking union) - Single resolution mechanism for credit institutions and certain investment firms (SRM) - Judgment (extracts) French Text [2024] EUECJ T-347/21 (24 January 2024)

Hypo Vorarlberg Bank v CRU (Economic and monetary union) - Banking union) - Single resolution mechanism for credit institutions and certain investment firms (SRM) - Judgment (extracts) French Text [2024] EUECJ T-347/21 (24 January 2024)

The Tribunal found that the CRU's decision was vitiated by defects in reasoning regarding the determination of the annual target level for ex ante contributions. The method actually applied by the CRU did not correspond to that described in the contested decision, preventing affected parties and the Tribunal from...

Source-derived case information.

Citation
[2024] EUECJ T-347/21
Parties
Applicant: Hypo Vorarlberg Bank AG; Respondent: Conseil de résolution unique (CRU); Intervener: Parlement européen; Intervener: Conseil de l’Union européenne
Jurisdiction
European Union
Procedural Posture
Annulment Proceedings (recours En Annulation) / Judgment (final Decision)
Outcome
Decision annulled in part
Legal Topics
Single Resolution Mechanism, Obligation to State Reasons, Right to Be Heard, Legal Certainty, Effective Judicial Protection, Exception of Illegality, Temporal Limitation of Effects
Economic and Monetary Union Banking Union EU Administrative Law Single Resolution Mechanism Obligation to State Reasons Right to Be Heard Legal Certainty Effective Judicial Protection +2 more

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Summary, issues, holding and outcome

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Parties

Hypo Vorarlberg Bank AG

Applicant

Conseil de résolution unique (CRU)

Respondent

Parlement européen

Intervener

Conseil de l’Union européenne

Intervener

Procedural Posture

Annulment Proceedings (recours En Annulation) / Judgment (final Decision)

  1. 1 Whether the CRU's decision on ex ante contributions for 2021 to the Single Resolution Fund was sufficiently reasoned
  2. 2 Whether the CRU violated the obligation to state reasons under Article 296 TFEU and Article 41 of the Charter
  3. 3 Whether the CRU failed to apply certain risk indicators and provided sufficient motivation

Ratio Decidendi

The Tribunal found that the CRU's decision was vitiated by defects in reasoning regarding the determination of the annual target level for ex ante contributions. The method actually applied by the CRU did not correspond to that described in the contested decision, preventing affected parties and the Tribunal from identifying the real grounds for the decision. This breach of the obligation to state reasons warranted annulment of the decision insofar as it concerned the applicant.

Court Disposition

Decision annulled in part

Orders

  • The CRU's decision SRB/ES/2021/22 of 14 April 2021 is annulled insofar as it concerns Hypo Vorarlberg Bank AG.
  • CRU is ordered to pay the costs.