Joint Board of Appeal dismisse... Note

Joint Board of Appeal dismisses appeal against the EBA

The Joint Board of Appeal of the European Supervisory Authorities has made a decision regarding an appeal brought by an individual against the European Banking Authority. The appeal was related to the closure of a bank account by a credit institution and the handling of the matter by the Finnish National Competent Authority. The appellant had requested the European Banking Authority to investigate a possible breach of Union law by the Finnish National Competent Authority. The European Banking Authority decided against initiating an investigation, which led the appellant to challenge this decision before the Board of Appeal. The Board of Appeal concluded that the decision to initiate an investigation is at the European Banking Authority's discretion. The Board also stated that a decision not to open an investigation is not subject to review by the Board of Appeal. The Board examined the circumstances of the case to see if they differed from previous decisions and relevant EU case law, but found no distinguishing circumstances. The Board of Appeal is a joint body of the European Supervisory Authorities, composed of independent members, and reviews appeals against certain decisions taken by the European Banking Authority, the European Securities and Markets Authority, and the European Insurance and Occupational Pensions Authority. The decision made by the Board of Appeal is in accordance with the relevant ESA Regulations and established EU case law. The appeal brought by the individual against the European Banking Authority is therefore considered inadmissible.