CJEU Case C-69/19 P / Judgment

Credito Fondiario SpA v Single Resolution Board
Policy area
Economic and monetary affairs
Deciding body type
Court of Justice of the European Union
Deciding body
Court (Eight Chamber)
Decision date
ECLI (European case law identifier)
  • CJEU Case C-69/19 P / Judgment

    Key facts of the case:

    Appeal — Economic and monetary union — Banking union — Recovery and resolution of credit institutions and investment firms — Single resolution mechanism for credit institutions and certain investment firms (SRM) — Single Resolution Board (SRB) — Single Resolution Fund (SRF) — Determination of the 2016 ex ante contribution — Action for annulment — Period within which proceedings must be commenced — Plea of illegality — Manifest inadmissibility.

    Outcome of the case:

    On those grounds, the Court (Eighth Chamber) hereby:

    1. Dismisses the appeal.
    2. Orders Credito Fondiario SpA to bear its own costs and to pay those incurred by the Single Resolution Board.
    3. Orders the Italian Republic and the European Commission to bear their own costs.
  • Paragraphs referring to EU Charter (original language)

    15) In support of its action, the appellant put forward seven pleas in law alleging (i) failure to notify the contested decisions, (ii) failure to state reasons for those decisions and infringement of the principle of audi alteram partem, (iii) misapplication of Article 5(1)(f) of Delegated Regulation 2015/63, (iv) infringement of Article 4(1) and Article 6 of that delegated regulation, (v) infringement of Articles 20 and 21 of the Charter of Fundamental Rights of the European Union, (vi) infringement of the principles of proportionality and legal certainty and (vii) infringement of Article 16 of the Charter of Fundamental Rights of the European Union.