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_62@2026-11-12

62In that respect, as regards the first condition, the second subparagraph of Article 18(1) of Regulation No 806/2014 gives the ECB a primary – albeit not exclusive – role, since it is the ECB which, as a general rule, is required to carry out FOLTF assessments. While the SRB may also carry out such an assessment, it may do so only after informing the ECB of its intention to do so and only if the ECB, within three calendar days of receipt of that information, does not make such an assessment. The ECB is therefore recognised as having primary power to carry out such an assessment, based, as the Commission points out, on its expertise as supervisory authority, since, having access in that capacity to all supervisory information regarding the entity concerned, it is best placed to determine, in the light of the definition of failing or likely to fail in Article 18(4) of that regulation, which refers, in particular, to matters related to the prudential situation such as the requirements for authorisation, the amount of assets compared to liabilities or the present or future indebtedness, whether that condition is satisfied.

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

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