Judgment_paragraph 66 · ABLV Bank AS and Others v European Central Bank (C-551/19 P, C-552/19 P)

66Consequently, in the present case, the ECB’s assessment as to whether ABLV Bank and ABLV Bank Luxembourg were failing or were likely to fail did not, as such, have a binding legal effect that was capable of affecting the interests of the appellants, by bringing about a distinct change in their legal position, only the adoption, followed by the entry into force of a resolution scheme and the implementation of resolution tools, within the meaning of Article 22(2) of Regulation No 806/2014 being capable of bringing about a change in their legal position. The resolution procedure must therefore be regarded as a complex administrative procedure involving a number of authorities, only the outcome of which, resulting from the SRB’s exercise of its power, may be subject to the judicial review provided for in Article 86(2) of that regulation.

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

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