Comunicazioni sulla GU nº T-599/18 of Tribunal General de la Unión Europea, November 09, 2018
Resolution Date | November 09, 2018 |
Issuing Organization | Tribunal General de la Unión Europea |
Decision Number | T-599/18 |
Ricorso proposto il 5 ottobre 2018 - Aeris Invest / CRU
(Causa T-599/18)
Lingua processuale: il francese
Parti
Ricorrente: Aeris Invest Sàrl (Lussemburgo, Lussemburgo) (rappresentanti: R. Vallina Hoset, P. Medina Sánchez, e A. Sellés Marco, avvocati)
Convenuto: Comitato di risoluzione unico
Conclusioni
La ricorrente chiede che il Tribunale voglia:
annullare la decisione del 14 settembre 2018;
condannare il Comitato di risoluzione unico alle spese.
Motivi e principali argomenti
A sostegno del ricorso rivolto contro la decisione del Comitato di risoluzione unico (in prosieguo: «CRU»), del 14 settembre 2018, di non effettuare una valutazione definitiva ex post nell’ambito della decisione SRB/EES/2017/08 del 7 giugno 2017, relativa ad un programma di risoluzione nei confronti dell’ente creditizio Banco Popular Español, S.A (in prosieguo: «la decisione impugnata»), la ricorrente deduce due motivi.
Primo motivo, vertente sulla violazione dell’articolo 20, paragrafo 11, del regolamento (UE) n. 806/2014 del Parlamento europeo e del Consiglio, del 15 luglio 2014, che fissa norme e una procedura uniformi per la risoluzione degli enti creditizi e di talune imprese di investimento nel quadro del meccanismo di risoluzione unico e del Fondo di risoluzione unico e che modifica il regolamento (UE) n. 1093/2010 (GU 2014, L 225, pag. 1). Tale motivo si suddivide in tre parti.
Prima parte, vertente sull’argomento secondo cui la decisione impugnata si pronuncerebbe sulla possibilità di ripristinare il valore dei crediti dei creditori o incrementare il valore del corrispettivo pagato senza che sia stata effettuata una valutazione definitiva ex post.
Seconda parte, vertente...
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