Judgment_paragraph 49 · ABLV Bank AS and Others v European Central Bank (C-551/19 P, C-552/19 P)

49As to the argument that the ECB’s public statement that the liquidation of the credit institutions in question was inevitable confirms that the acts at issue are binding, it should be noted that it is based neither on the substance of those acts nor on the intention of those who drafted them. In addition, such a liquidation, under Latvian law in the case of ABLV Bank, arose not from those acts but from a decision taken by the shareholders of that company following the SRB’s decision that it was not necessary in the public interest to apply the resolution scheme to ABLV Bank and to ABLV Bank Luxembourg, in accordance with Regulation No 806/2014.