CJEU Joined Cases C-663/17 P, C-665/17 P and C-669/17 P/ Judgment European Central Bank v Trasta Komercbanka and Others

Key facts

By their appeals, the European Central Bank (ECB), the European Commission and Trasta Komercbanka AS, Mr Ivan Fursin, Mr Igors Buimisters, C & R Invest SIA, Figon Co. Ltd, GCK Holding Netherlands BV and Rikam Holding SA seek the setting aside of the order of the General Court of the European Union of 12 September 2017, Fursin and Others v ECB (T‑247/16, not published, EU:T:2017:623; ‘the order under appeal’), by which that court held that there was no need to adjudicate on Trasta Komercbanka’s action for annulment of Decision ECB/SSM/2016 — 529900WIP0INFDAWTJ81/1 WOANCA-2016-0005 of the European Central Bank (ECB) of 3 March 2016 withdrawing the authorisation granted to Trasta Komercbanka (‘the decision at issue’) and rejected the ECB’s plea of inadmissibility in so far as it concerned the action brought by several shareholders of Trasta Komercbanka, namely Mr Fursin, Mr Buimisters, C & R Invest, Figon Co., GCK Holding Netherlands and Rikam Holding, seeking the annulment of that decision.

Judgement

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

  1. Dismisses the appeal in Case C‑669/17 P as inadmissible, in so far as it was lodged by Mr Ivan Fursin, Mr Igors Buimisters, C & R Invest SIA, Figon Co. Ltd, GCK Holding Netherlands BV and Rikam Holding SA;
  2. Sets aside the order of the General Court of the European Union of 12 September 2017, Fursin and Others v ECB (T‑247/16, not published, EU:T:2017:623);
  3. Rejects the plea of inadmissibility raised by the European Central Bank, in so far as it concerns the action brought by Trasta Komercbanka AS seeking the annulment of Decision ECB/SSM/2016 — 529900WIP0INFDAWTJ81/1 WOANCA-2016-0005 of the European Central Bank of 3 March 2016 withdrawing the authorisation granted to Trasta Komercbanka;
  4. Dismisses the action brought by Mr Ivan Fursin, Mr Igors Buimisters, C & R Invest SIA, Figon Co. Ltd, GCK Holding Netherlands BV and Rikam Holding SA, seeking annulment of the European Central Bank’s decision of 3 March 2016;
  5. Refers the case back to the General Court of the European Union so that it may give a ruling on the action brought by Trasta Komercbanka AS seeking annulment of the European Central Bank’s decision of 3 March 2016;
  6. Orders Trasta Komercbanka AS, Mr Ivan Fursin, Mr Igors Buimisters, C & R Invest SIA, Figon Co. Ltd, GCK Holding Netherlands BV and Rikam Holding SA to bear their own costs and to pay those incurred by the European Central Bank and the European Commission in connection with the appeals in Cases C‑663/17 P and C‑665/17 P, respectively;
  7. Orders the European Commission to bear its own costs in Case C‑663/17 P;
  8. Orders Mr Ivan Fursin, Mr Igors Buimisters, C & R Invest SIA, Figon Co. Ltd, GCK Holding Netherlands BV and Rikam Holding SA to bear their own costs and to pay those incurred by the European Central Bank in connection with the proceedings at first instance relating to the action brought by those shareholders;
  9. Reserves the costs in Case C‑669/17 P.
Paragraphs referring to EU Charter: 

48, 51, 55, 59, 70, 75, 78