Judgment_paragraph 66 · Hypo Vorarlberg Bank AG, foremerly Vorarlberger Landes- und Hypothekenbank AG v Single Resolution Board (T-377/16, T-645/16, T-809/16)

66As Advocate General Wathelet recalled in his Opinion in Stichting Woonpunt and Others v Commission (C‑132/12 P, EU:C:2013:335, point 68 and the case-law cited), the absence of discretion on the part of the Member States overturns the apparent absence of a direct link between an act of the Union and the individual. In other words, in order to preclude direct concern, the discretion of the author of the intermediate act seeking to implement the act of the European Union cannot be purely formal. It must be the source of the legal effect on the applicant.