Judgment_paragraph 71 · European Commission v Single Resolution Board (SRB) (C-551/22 P)

71A delegation of the first kind cannot appreciably alter the consequences involved in the exercise of the powers concerned, whereas a delegation of the second kind, since it replaces the choices of the delegator with the choices of the delegate, brings about an ‘actual transfer of responsibility’ (the judgment in Meroni v High Authority, page 152, and judgment of 22 January 2014, United Kingdom v Parliament and Council, C‑270/12, EU:C:2014:18, paragraph 42). In the case that led to the judgment in Meroni v High Authority, the Court held that the delegation of powers at issue in that case, in so far as it allowed the bodies concerned a ‘degree of latitude which implies a wide margin of discretion’, could not be considered to be compatible with the ‘requirements of the Treaty’, while stating that, in reserving to itself only the power to refuse its approval of the decisions of those bodies, the High Authority had not retained sufficient powers to avoid such a transfer of responsibility (see, to that effect, the judgment in Meroni v High Authority, page 154).

European Commission v Single Resolution Board (SRB) (C-551/22 P)

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