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

Judgment of 6 May 2021

law://eu/cjeu/2019/c-551-19/para_56@2026-11-12

56In the second place, it must be stated that Article 86(2) of Regulation No 806/2014 provides that Member States and the EU institutions, as well as any natural or legal person, may, in accordance with Article 263 TFEU, institute proceedings before the Court of Justice of the European Union against decisions of the SRB, the latter being mentioned to the exclusion of any other institution, body, office or agency of the European Union. Accordingly, no mention is made there of the ECB and, in particular of the FOLTF assessments which it may carry out, which would seem to confirm that the EU legislature did not intend to confer a decision-making power on the ECB in this area. In addition, the SRB’s adoption of a resolution scheme, in accordance with Article 18(6) of that regulation, or the decision not to adopt such a scheme may be the subject of proceedings before the Courts of the European Union, in the context of which the ECB’s FOLTF assessment could be subject to judicial review.

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

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