Case T-428/23: Action brought on 17 July 2023 — ABN AMRO Bank and ABN AMRO Hypotheken Groep v SRB

Official Journal of the European Union EN C series C/2023/142 16.10.2023 Action brought on 17 July 2023 — ABN AMRO Bank and ABN AMRO Hypotheken Groep v SRB (Case T-428/23) (C/2023/142) Language of the case: Dutch Parties Applicants: ABN AMRO Bank NV (Amsterdam, Netherlands), ABN AMRO Hypotheken Groep BV (Amersfoort, Netherlands) (represented by: R. Raas and T. Barkhuysen, lawyers) Defendant: Single Resolution Board Form of order sought The applicants claim that the Court should: — annul in part the decision of the SRB of 2 May 2023 (SRB/ES/2023/23), including the annexes thereto, in so far as it leads to an incorrect and unjustifiable determination of ABN AMRO Hypotheken Groep’s contributions (‘AAHG’) for 2016, 2017, 2018, 2019, 2020, 2021, 2022 and/or 2023, by including the adjustment item on AAHG’s balance sheet in the calculation of contributions and, in particular, in AAHG’s ‘total liabilities’, and — order the SRB to pay ABN AMRO’s costs or, in the alternative, an appropriate part of its costs. Pleas in law and main arguments In support of the action, the applicants put forward three pleas in law. 1. First plea: The contested decision determines AAHG’s contribution to the Single Resolution Fund (‘SRF’) for the years 2016 to 2023 in breach of Regulation (EU) No 806/2014 and Delegated Regulation (EU) 2015/63 (‘CDR’) by incorrectly and unjustifiably including an accounting adjustment item in the taxable amount and not excluding it from...