Notices for publication in the OJ nº T-400/19 of Tribunal General de la Unión Europea, July 26, 2019

• Resolution Date: July 26, 2019
• Issuing Organization: Tribunal General de la Unión Europea
• Decision Number: T-400/19

Action brought on 28 June 2019 - Iccrea Banca v SRB

(Case T-400/19)

Language of the case: Italian

Parties

Applicant: Iccrea Banca SpA Istituto Centrale del Credito Cooperativo (Rome, Italy) (represented by P. Messina, F. Isgrò and A. Dentoni Litta, lawyers)

Defendant: Single Resolution Board

Form of order sought

The applicant claims that the Court should:

1. principally:

   annul the decision of the Single Resolution Board SRB/ES/SRF/2019/10 of 16 April 2019 and, as appropriate, the annexes to that decision, as well as any other decisions of the Single Resolution Board even those of which the applicant is unaware, on the basis of which the Banca d’Italia (Bank of Italy) adopted decisions Nos 0543938/19 of 24 April 2019 and 0733800/19 of 7 June 2019;

   order the payment of compensation to Iccrea Banca for the damage caused to it, in terms of higher rates paid, by the Single Resolution Board when determining the contributions owed by the applicant.

2. in the alternative, and in the event that the above claims are rejected:

   declare invalid Article 5(1)(a) and (f) of Commission Delegated Regulation (EU) 2015/63 of 21 October 2014 supplementing Directive 2014/59/EU of the European Parliament and of the Council with regard to ex ante contributions to resolution financing arrangements, ¹ as being contrary to the fundamental principles of Community law, in particular the principles of equality, non-discrimination and proportionality, as enshrined in Article 2 TEU and interpreted by the Court of Justice of the European Union.

3. in any event, order the Single Resolution Board to pay the costs of the present proceedings.

   Pleas in law and main arguments

   The action is directed against the decision of the Single Resolution Board SRB/ES/SRF/2019/10 of 16 April 2019 and the relevant annexes thereto as well as any subsequent decisions of the Single Resolution Board, including those of which the applicant is unaware, on the basis of which the contributions under Commission Delegated Regulation (EU) 2015/63 of 21 October 2014 supplementing Directive 2014/59/EU of the European Parliament and of the Council with regard to ex ante contributions to resolution financing arrangements were determined with regard to the applicant.

   In support of the action, the applicant relies on four pleas in law.

   First plea in law, alleging (i) failure to carry out a proper inquiry, (ii) error of assessment of the facts, (iii) infringement and misapplication of Article...