Дело T-***/**: *****************, Определение от **.**.2021 г.

Текст

... ECB – Action manifestly lacking any foundation in law)

In Case T‑139/19,

Pilatus Bank plc, established in Ta’Xbiex (Malta), represented by O. Behrends, lawyer,

applicant,

v

European Central Bank (ECB), represented by A. Karpf, E. Yoo and M. Puidokas, acting as Agents,

defendant,

ACTION pursuant to Article 263 TFEU for annulment of the ECB’s decision of 21 December 2018 declaring to the applicant that it was no longer competent to ensure its direct prudential supervision and to take measures concerning it,

THE GENERAL COURT (Ninth Chamber),

composed of M.J. Costeira (Rapporteur), President, D. Gratsias and M. Kancheva, Judges,

Registrar: E. Coulon,

makes the following

Order

I. Background to the dispute

1. The applicant, Pilatus Bank plc, is a credit institution established under Maltese law. It was the subject of administrative proceedings for withdrawal of its authorisation as a credit institution initiated by the Maltese Financial Services Authority.

2. On 22 March 2018, when those proceedings were initiated, the Maltese Financial Services Authority appointed a ‘competent person’, within the meaning of Maltese law (‘the competent person’), to whom it transferred most of the powers of the applicant and its Board of Directors.

3. Under Maltese law, as interpreted in the judgment of the Court of Appeal (Malta) of 5 November 2018 in Case No 6/2017 (Heikki Niemelä and Others v Maltese financial Services Authority), the appointment of the competent person does not deprive the applicant’s Board of Directors of the power to represent the applicant in legal proceedings and, to that ...