Court of Justice 30 November 2023, C-181/22 P (Nemea Bank plc v European Central Bank (ECB) and Others.)

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The Opinion of Advocate General Kokott addresses the appeal by Nemea Bank plc against the General Court's order dismissing its action for annulment of the European Central Bank's (ECB) decision to withdraw its authorization as a credit institution. The core legal dispute revolves around whether Nemea Bank retains an interest in challenging the initial decision after a subsequent decision of identical content was adopted, which the General Court deemed unchallengeable and rendered the annulment action devoid of purpose. The Advocate General emphasizes the importance of ensuring effective judicial protection under Article 47 of the Charter of Fundamental Rights of the European Union, particularly in the context of internal administrative review procedures.AI