Article 47 - Right to an effective remedy and to a fair trial
Key facts of the case:
Appeal – Banking union – Single Resolution Mechanism (SRM) – Single Resolution Fund (SRF) – Calculation of the 2017 ex ante contributions – Authentication of a decision of the Single Resolution Board (SRB) – Obligation to state reasons – Confidential data – Legality of Delegated Regulation (EU) 2015/63.
Outcome of the case:
On those grounds, the Court (Grand Chamber) hereby:
18) In support of its action, Landesbank Baden-Württemberg relied on six pleas in law. Those pleas alleged: first, infringement of Article 296 TFEU and of Article 41 of the Charter of Fundamental Rights of the European Union (‘the Charter’) due to the fact that the decision at issue failed to state adequate reasons; second, infringement of Article 41 of the Charter due to the absence of an opportunity for Landesbank Baden-Württemberg to be heard; third, infringement of Article 47 of the Charter due to the fact that that decision was not subject to review; fourth, infringement of several provisions of secondary legislation and of Articles 16 and 20 of the Charter, due to the application of the multiplier for the ‘institutional protection scheme’ indicator; fifth, infringement of Article 16 of the Charter and of the principle of proportionality, as a consequence of the application of the risk adjusting multiplier; sixth, illegality of Articles 4 to 7 and 9 of Delegated Regulation 2015/63 and of Annex I to that delegated regulation.
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47) In support of its appeal in Case C‑621/20 P, the SRB relies on two grounds of appeal alleging, first, infringement of Article 85(3) of the Rules of Procedure of the General Court, distortion of the evidence and infringement of the right to a fair hearing, as regards the finding by the General Court that the decision at issue had not been authenticated, and, second, infringement of Article 296 TFEU and Article 47 of the Charter.
56) The right to a fair trial constitutes a fundamental principle of EU law (see, to that effect, judgments of 26 November 2013, Groupe Gascogne v Commission, C‑58/12 P, EU:C:2013:770, paragraph 32, and of 26 November 2013, Gascogne Sack Deutschland v Commission, C‑40/12 P, EU:C:2013:768, paragraph 28 and the case-law cited), now enshrined in Article 47 of the Charter.
102) As a preliminary matter, it should be borne in mind, first, that the second paragraph of Article 296 TFEU provides that legal acts of the institutions of the Union are to state the reasons on which they are based and, second, that the right to good administration, enshrined in Article 41 of the Charter, imposes an obligation on the institutions, bodies, offices and agencies of the Union to give reasons for their decisions.
103) The statement of the reasons for the decision of an EU institution, body, office or agency is particularly important in so far as it allows persons concerned to decide in full knowledge of the circumstances whether it is worthwhile to bring an action against the decision and the court with jurisdiction to review it, and it is therefore a requirement for ensuring that the judicial review guaranteed by Article 47 of the Charter is effective (see, to that effect, judgments of 9 November 2017, LSCustoms Services, C‑46/16, EU:C:2017:839, paragraph 40, and of 24 November 2020, Minister van Buitenlandse Zaken, C‑225/19 and C‑226/19, EU:C:2020:951, paragraph 43 and the case-law cited).
146) Where appropriate, in order to carry out an effective judicial review, in accordance with the requirements of Article 47 of the Charter, the EU Courts may thus request that the SRB produce data capable of justifying calculations the accuracy of which has been challenged before them, by ensuring, where necessary, the confidentiality of those data (see, by analogy, judgment of 18 July 2013, Commission and Others v Kadi, C‑584/10 P, C‑593/10 P and C‑595/10 P, EU:C:2013:518, paragraphs 120 and 125).
