January 25
2021
Dolores Utrilla
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14th January 2021
Banking & Finance Internal Market Justice & Litigation

AG Campos Sánchez-Bordona: ECB assessments within SSM resolution procedure are not open to judicial review

Today, Advocate General (AG) Campos Sánchez-Bordona delivered his Opinion in ABLV Bank v BCE and Bernis and Others v BCE (joined cases C-551/19 P and C-552/19 P), concerning appeals against the General Court orders in T-281/18 and T-283/18 dismissing as inadmissible an action for annulment against an ECB decision concluding that the appellant bans were ‘failing or likely to fail’ within the meaning of Article 18(1) of the Single Resolution Mechanism Regulation 806/2014 (the SRM Regulation).

These appeals thus revolve around the crucial question of whether ECB’s decisions on whether a credit institution is ‘failing or likely to fail’ can be challenged through actions for annulment. As pointed out by AG Campos Sánchez-Bordona, this

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