January 27
2022
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10th November 2021
Banking & Finance Internal Market Justice & Litigation

Analysis: ‘NRW.Bank v SRB: Acts changing the amount of ex-ante contributions are not confirmatory measures’ by Barbora Budinská

On 14 October 2021, the Court of Justice delivered a judgment in the case NRW.Bank v SRB (C-662/19 P) stating that the General Court (T-466/16) erred in law by dismissing as inadmissible an action against decisions of the Single Resolution Board (SRB) related to the calculation of the contributions to the Single Resolution Fund (SRF).

Embedded in the substantive context of banking resolution law, the judgment’s core raises questions of general EU procedural law, particularly whether a ‘typing error’ causing a recalculation of the amount of contribution constitutes a ‘confirmatory act’.

Confirmatory acts

It is established case-law that any act having binding legal effects can be challenged under Article 263 TFEU (IBM

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