Ernests Bernis (Appeal) and Judicial Review by the CJEU of Non-Resolution Decisions in the EU Banking Union: No Standing for the Shareholders of the Relevant Entity

Abstract

(Series Information) European Papers - A Journal on Law and Integration, 2022 7(1), 327-332 | European Forum Insight of 18 June 2022 | (Table of Contents) I. Introduction. - II. Procedural history of Ernests Bernis (Appeal) and related judicial proceedings. - III. Main findings of the Court in case Ernests Bernis (Appeal). - IV. Conclusions. | (Abstract) With the judgment of 24 February 2022 in case C-364/20 P Bernis and Others v SRB ECLI:EU:C:2022:115, the European Court of Justice has dismissed the appeal lodged by Ernests Bernis, Oļegs Fiļs, OF Holding SIA and Cassandra Holding Company SIA (shareholders of ABLV Bank) against the order of the General Court rendered on 14 May 2020 in case T-282/18 Bernis and Others v SRB ECLI:EU:T:2020:209, concerning the decisions not to take resolution action with respect to ABLV Bank. With this judgment, the ECJ has closed the judicial proceedings at stake and has ruled for the first time on the locus standi of the shareholders of a credit institution to challenge the decision not to take resolution action with respect to the same entity.

Keywords

• non-resolution decisions
• shareholders
• standing
• ablv
• banking union
• srmr