Judgment_paragraph 102 · Alessandro Accorinti and Others v European Central Bank (T-79/13)

102Last, the applicants cannot rely on the ECB’s decision on the OMTs, which post-dated the relevant facts of the present case, and which, in the light of its specific conditions and scope, namely the existence of a full macroeconomic adjustment programme or an EFSF/ESM precautionary programme, refers to situations which are not comparable to those of the unforeseen public debt crisis confronting the Hellenic Republic at the beginning of 2012 and in the context of which the application of the pari passu clause depends specifically on the conditions of issue granted by the debtor-issuer of the bonds concerned (see paragraph 37 above).