Sberbank Europe v ECB

Action brought on 7 October 2022 – Sberbank Europe v ECB(Case T-632/22)Language of the case: English Parties Applicant: Sberbank Europe AG (Vienna, Austria)(represented by: O. Behrends, lawyer)Defendant: European Central Bank Form of order sought The applicant claims that the Court should:annul the ECB’s refusal by means of its decision dated 27 July 2022 to grant the applicant access to a failing or likely to fail-assessment pursuant to Art. 18 SRMR 1 which the ECB made on 27 February 2022 with respect to the applicant’s subsidiary in Slovenia, Sberbank banka d.d.;order the ECB to bear the applicant’s costs. Pleas in law and main arguments In support of the action, the applicant relies on three pleas in law. First plea in law, alleging that the ECB incorrectly interpreted and applied Article 41 of the Charter on Fundamental Rights of the European Union by falsely assuming that the right of every person to his or her file pursuant to Article 41(2)(b) of the Charter is limited to the ability to review the file in order to be able to exercise a right to be heard with respect to a specific reviewable decision within the meaning of Article 263 TFEU which the relevant institution is currently contemplating. The applicant claims that the right pursuant to Article 41(2)(b) of the Charter codifies a broader principle that administration should be transparent for those who are concerned by the administration and that this is reflected by the fact that, unlike Article 41(2)(a) and...