Order of the General Court (Second Chamber) of 6 August 2024 –Schelhammer Capital Bank v SRB (Case T‑387/23)
Grade B
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Not the law itself: Judgment
Address https://gelex.eu/eli/EU/judgment/62023TO0387_INF@2024-08-06/en
1. Economic and monetary policyEconomic policySingle resolution mechanism for credit institutions and certain investment firmsEx ante contributions to the Single Resolution Fund (SRF)Annual cap of the aggregate amount of the individual contributions to the SRF fixed at 12.5% of the final target levelScopeApplication during the initial period (European Parliament and Council Regulation No 806/2014, Art. 70(2), first and fourth subparas) (see paragraph 30)
2. Economic and monetary policyEconomic policySingle resolution mechanism for credit institutions and certain investment firmsEx ante contributions to the Single Resolution Fund (SRF)Annual cap of the aggregate amount of the individual contributions to the SRF fixed at 12.5% of the final target levelScopeCap not to be exceeded by the Single Resolution Board (SRB)Criteria for assessmentDynamic approach to the final target level (European Parliament and Council Regulation No 806/2014, Arts 69(1) and 70(2), first and fourth subparas) (see paragraphs 29, 31)
Operative part
1. Decision SRB/ES/2023/23 of the Single Resolution Board (SRB) of 2 May 2023 on the calculation of the 2023 ex ante contributions to the Single Resolution Fund, in so far as it concerns Schelhammer Capital Bank AG is annulled.
2. The effects of Decision SRB/ES/2023/23, in so far as it concerns Schelhammer Capital Bank, are maintained until the SRB has taken the measures necessary to implement the present order, which must occur within a reasonable period that cannot exceed six months from the day on which the present order becomes final.
3. The SRB shall bear its own costs and pay those incurred by Schelhammer Capital Bank.
4. The European Parliament and the Council of the European Union shall bear their own costs.