ABLV Bank v CRU

OPINION OF ADVOCATE GENERALBIONDIdelivered on 13 May 2025 (1)Case C‑602/22 PABLV Bank AS, in liquidationv Single Resolution Board (SRB)( Appeal – Economic and monetary policy – Banking union – Regulation (EU) No 806/2014 – Articles 7 and 18 – Single resolution mechanism – Decision of the Single Resolution Board not to initiate the resolution procedure – Power of the Single Resolution Board – Discretion – Scope of judicial review )I.      Introduction 1.        The main subject matter of this appeal is the definition and delimitation of the powers and prerogatives of the Single Resolution Board (‘SRB’). The Court of Justice must, in particular, settle the question regarding the SRB’s power to take a formal decision not to adopt a resolution scheme in respect of a credit institution under the Single Resolution Mechanism (‘SRM’). (2)2.        In the present appeal, ABLV Bank AS (‘ABLV Bank’) seeks to have set aside the judgment of the General Court of the European Union of 6 July 2022, ABLV Bank v SRB (T‑280/18, EU:T:2022:429; ‘the judgment under appeal’), by which that court dismissed its action against two decisions of the SRB. (3) In summary, (4) the SRB decided, by those decisions, not to adopt any resolution scheme in respect of ABLV Bank and its subsidiary ABLV Bank Luxembourg SA (‘ABLV Bank Luxembourg’). The SRB found that, in the present case, the two conditions laid down in Article 18(1)(a) and (b) of the SRM Regulation for the adoption of a resolution scheme – namely...