#62021TO0428General Court Order: Ivan Fursin and Others v European Central Bank (Case T-428/21) — Dismissal of Non-Contractual Liability Claim Over ECB Bank Licence Withdrawal

On 23 March 2026, the General Court of the European Union (Eighth Chamber) issued an order dismissing the case brought by Ivan Fursin and other claimants against the European Central Bank (ECB). The applicants sought non-contractual (tort) damages from the ECB, alleging that a decision to withdraw a credit institution's banking authorisation caused them material harm. The court's order falls under the domain of economic and monetary policy and prudential supervision, which are among the specific supervisory tasks conferred on the ECB under EU law. The General Court found that the action was manifestly lacking any foundation in law, meaning the claimants failed to establish the essential conditions for EU non-contractual liability: an unlawful act attributable to the ECB, actual material damage, and a sufficiently direct causal link between the two. Without satisfying all three cumulative conditions, the claim could not proceed and was dismissed at this preliminary stage without full trial. The ruling reinforces the high legal threshold required to hold EU institutions such as the ECB liable in tort for supervisory decisions. Courts have consistently held that supervisory measures, including licence withdrawals, carry a wide margin of discretion, making successful non-contractual liability claims exceptionally difficult. This decision confirms that shareholders, investors, or related parties affected by ECB prudential decisions face significant legal obstacles when seeking compensation through EU courts. Case T-428/21 serves as an important precedent in the area of ECB supervisory accountability, clarifying that dissatisfaction with supervisory outcomes — even if resulting in financial loss — does not automatically translate into a compensable wrong under EU law.

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