Order of the General Court (Eighth Chamber) of 19 November 2018

Data

Court: General Court

Case date: 19 november 2018

Verdict

Order of the General Court (Eighth Chamber) of 19 November 2018 –
Landesbank Baden-Württemberg v SRB

(Case T‑14/17)

"(Action for annulment - Economic and monetary union - Banking union - Single Resolution Mechanism of credit institutions and certain investment firms (SRM) - Single Resolution Fund (SRF) - Setting of the 2016 ex-ante contribution - Period for bringing an action - Out of time - Manifest inadmissibility)"

1. Action for annulmentTime-limitsPoint from which time starts to runDecision neither published nor notified to the applicantPrecise knowledge of the content and reasonsDuty to request the whole text of the decision within a reasonable time once its existence is knownDuty to act within a reasonable timeCriteria for assessment

(Art. 263, sixth para. TFEU)

(see paras 35, 44-46, 51)

2. Acts of the institutionsGeneral obligation to inform the addressees of measures of the judicial remedies available and of the time-limitsNone

(Arts 263, fourth and sixth para. TFEU and 275, second para. TFEU)

(see para. 41)

Re:

Application based on Article 263 TFEU seeking annulment, first, of the decision of the SRB in its executive session of 15 April 2016 on the 2016 ex-ante contributions to the Single Resolution Fund (SRB/ES/SRF/2016/06) and, second, of the decision of the SRB in its executive session of 20 May 2016 on the adjustment of the 2016 ex-ante contributions to the Single Resolution Fund, supplementing the decision of the Board of 15 April 2016 (SRB/ES/SRF/2016/13), to the extent that they concern the applicant.

Operative part

1. The action is dismissed as manifestly inadmissible.

2. Landesbank Baden-Württemberg is ordered to bear its own costs and to pay the costs incurred by the Single Resolution Board (SRB).

3. The European Commission shall bear its own costs.