The Joint Board of Appeal of the European Supervisory Authorities has dismissed an appeal against the EBA, ruling that decisions not to investigate are at the EBA’s discretion and not reviewable.
The Joint Board of Appeal of the European Supervisory Authorities (EBA, EIOPA, and ESMA) has issued a decision stating that an appeal brought by an individual against the European Banking Authority (EBA) is inadmissible.
The appeal concerned a response by the EBA to a complaint regarding the closure of a bank account by a credit institution and the handling of the matter by the Finnish National Competent Authority (FIN-FSA). The appellant requested that the EBA investigate a possible breach of Union law by FIN-FSA.
Following its assessment, the EBA decided against initiating an investigation. The appellant challenged that decision before the Board of Appeal.
The Board of Appeal concluded that, under established EU case law, any decision to initiate an investigation is at the EBA’s discretion. It also stated that a decision not to open such an investigation is not subject to review by the Board of Appeal.
The Board examined whether the circumstances of the case differed from previous decisions and relevant EU case law in a way that could justify a different conclusion. It found no such distinguishing circumstances.
Background
The Board of Appeal is a joint body of the European Supervisory Authorities composed of independent members. It reviews appeals against certain decisions taken by the EBA, ESMA, and EIOPA, in accordance with the relevant ESA Regulations.
