Judgment_paragraph 84 · Landeskreditbank Baden-Württemberg - Förderbank v European Central Bank (T-122/15)

84If the intention is that this argument must be understood as alleging, in essence, infringement of the principle of equal treatment to the applicant’s detriment, it cannot be upheld. It is appropriate to recall that the principle of equal treatment must be reconciled with the principle of legality and thus a person may not rely, in support of his claim, on an unlawful act committed in favour of a third party (see, to that effect, judgment of 14 April 2011, Visa Europe and Visa International Service v Commission, T‑461/07, EU:T:2011:181, paragraph 219 and the case-law cited). Thus, even if the ECB was incorrect in reclassifying the entities referred to by the applicant, such an error has no bearing on the merits of the contested decision to refuse reclassification of the applicant as a ‘less significant’ entity.

Landeskreditbank Baden-Württemberg - Förderbank v European Central Bank (T-122/15)

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