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

Judgment of 18 Jun 2024

law://eu/cjeu/2022/c-551-22/para_96@2026-11-13

96A Commission endorsement decision such as Decision 2017/1246 displays, for its part, the features of an act against which an action for annulment may be brought under the fourth paragraph of Article 263 TFEU. In an action for annulment brought against such a decision, it is open to the natural or legal persons concerned to plead the illegality of the resolution scheme approved by that institution, thereby giving it binding legal effect, which is capable of guaranteeing them sufficient judicial protection (see, to that effect, judgment of 13 October 2011, Deutsche Post and Germany v Commission, C‑463/10 P and C‑475/10 P, EU:C:2011:656, paragraph 53 and the case-law cited). In that regard, it must be stated that, as is apparent from paragraphs 87 and 88 above, the Commission is, by that approval, deemed to endorse the information and grounds contained in that scheme, with the result that it must, if necessary, answer to the EU judicature.

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

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