Dokumente
Europa English Court of Justice of the European Union CJEU
13.08.2021
Application (OJ)
Max Heinr. Sutor v SRB
Action brought on 5 July 2021 – Max Heinr. Sutor v SRB(Case T-393/21)Language of the case: German Parties Applicant: Max Heinr. Sutor OHG (Hamburg, Germany)(represented by:A. Glos, M. Rätz and T. Kreft, lawyers)Defendant: Single Resolution Board (SRB)Form of order sought The applicant claims that the Court should:annul the decision of the Single Resolution Board of 14 April 2021 on the 2021 ex ante contributions to the Single Resolution Fund (SRB/ES/2021/22) in so far as it concerns the appli...
Action brought on 5 July 2021 – Max Heinr. Sutor v SRB(Case T-393/21)Language of the case: German Parties Applicant: Max Heinr. Sutor OHG (Hamburg, Germany)(represented by:A. Glos, M. Rätz and T. Kreft, lawyers)Defendant: Single Resolution Board (SRB)Form of order sought The applicant claims that the Court should:annul the decision of the Single Resolution Board of 14 April 2021 on the 2021 ex ante contributions to the Single Resolution Fund (SRB/ES/2021/22) in so far as it concerns the applicant, including the communication of the defendant of 14 April 2021 explaining the decision and concerning the applicant regarding the data used for the calculation of the 2021 ex ante contributions to the Single Resolution Fund (SRB/ES/2021/24);order the defendant to pay the costs of the proceedings. Pleas in law and main arguments In support of the action, the applicant relies on the following pleas in law:First plea in law: Infringement of Article 5(1)(e) of Delegated Regulation (EU) 2015/63 1 because the defendant did not exclude the client money held in trust by the applicant from the calculation of the 2021 bank levy. Article 5(1)(e) of Delegated Regulation (EU) 2015/63 is applicable to such bankruptcy-remote client money at least by analogy. Second plea in law:Infringement of the principle of proportionality under the second subparagraph of Article 70(2) of Regulation (EU) No 806/2014, 2 in conjunction with Article 103(7) of Directive 2014/59/EU, 3 in so far as the decision...
Angaben ohne Gewähr. Stand: 13.08.2021