Дело T-***/**: *****************, Определение от **.**.2019 г.

Текст

... y the national supervisory authority — Appointment of a contact person — Limited communication with the ECB — Procedural defects — Intermediary or preparatory measures — Rights of defence — Inadmissibility)

In Case T‑687/18,

Pilatus Bank plc, established in Ta’Xbiex (Malta), represented by O. Behrends, M. Kirchner and L. Feddern, lawyers,

applicant,

v

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

defendant,

APPLICATION pursuant to Article 263 TFEU seeking annulment of the ECB’s email of 10 September 2018 in so far as, by that email, the ECB requested the applicant to direct its communications via the Competent Person appointed under Maltese law or with the Competent Person’s approval,

THE GENERAL COURT (Second Chamber),

composed of M. Prek, President, E. Buttigieg and B. Berke (Rapporteur), Judges,

Registrar: E. Coulon,

makes the following

Order

Background to the dispute

1. The applicant, Pilatus Bank plc, is a credit institution established under Maltese law. Pilatus Bank plc was the subject of administrative proceedings concerning a licence withdrawal initiated by the Malta Financial Services Authority.

2. On 22 March 2018, when those proceedings were initiated, the Malta Financial Services Authority appointed a ‘Competent Person’, within the meaning of Maltese law, to whom it transferred all powers of the applicant and of its board of directors.

3. On 29 June 2018, the Malta Financial Services Authority submitted to the European Central Bank (ECB) a proposal to withdraw the applicant’s licence as a credit institution. On 2 August 2018, ...