Op-Ed: “Another Piece of the Puzzle of the Non-Delegation Doctrine? AG Biondi’s Opinion in ABLV Bank v. SRB (C-602/22 P)”

Introduction

On 13 May 2025, Advocate General Biondi delivered his Opinion in ABLV Bank v. SRB (C-602/22 P). The case concerns the Single Resolution Board’s (SRB) decision not to adopt a resolution scheme for ABLV Bank. The Opinion focuses on whether the SRB could make such a decision without the Commission’s approval, thereby providing further insight into the conditions under which discretionary powers can be conferred on EU agencies.

Background

The resolution procedure is laid down primarily in Article 18 of the SRM Regulation (806/2014). It is initiated by the adoption of a failing-or-likely-to-fail (FOLTF) assessment (Article 18(1)(a)). If the FOLTF assessment is positive, the SRB must establish whether the two