Joint Board of Appeal

General

The Board of Appeal is a joint body of the European Supervisory Authorities (ESAs):

It has been introduced to protect effectively the rights of parties affected by decisions adopted by the Authorities.

Although its secretariat is supported by the Authorities, the Board of Appeal is fully independent.

Articles 58 and 59 of the EBA, EIOPA and ESMA Regulations (the ESAs’ Regulations) provide for the establishment of an independent and impartial Board of Appeal of the three ESAs.

The Board is responsible for deciding on appeals against certain decisions of the Authorities according to Article 60 of the ESAs’ Regulations.

The decisions of the Board of Appeal can themselves be appealed to the Court of Justice of the European Union, as set out under Article 61 of the ESAs’ Regulations and specific sectorial legislation.

Under Article 58(8) of the ESAs’ Regulations, the Authorities provide operational and secretarial support to the Board of Appeal through the Joint Committee, a body which is also established by the ESAs’ Regulations.

Composition

The Board of Appeal is composed of six members and six alternates, who were appointed by EBA, ESMA and EIOPA respectively in 2011, as required by the ESAs’ Regulations.

The members are individuals with a proven track record of professional experience in the fields of banking, insurance, occupational pensions and securities markets or other financial services, and with the necessary legal expertise to provide expert legal advice in relation to the activities of the Authorities.

Current staff of the national competent authorities, or other national, or Union institutions involved in the activities of the ESAs are not eligible for service on the Board of Appeal.

In 2012, the Board of Appeal elected William Blair as President and Juan Fernández-Armesto as Vice-President, in accordance with the ESAs’ Regulations.

Rules of procedure

In accordance with Article 60(6) of the ESAs’ Regulations, the Board of Appeal has adopted Rules of Procedure which govern the bringing and conduct of an appeal.

Bringing an appeal

The full appeal process may be found under the Rules of Procedure. Further, there are Guidelines to the Parties to Appeal Proceedings before the Board of Appeal, and an indicative form for a Notice of Appeal. Legal articles quoted in the text below are from the ESAs’ Regulations, or the Board of Appeal Rules of Procedure.

Who is entitled to file an appeal?

“Any natural or legal person, including competent authorities, may appeal against a decision of the Authority referred to in Articles 17, 18 and 19 and any other decision taken by the Authority in accordance with the Union acts referred to in Article 1(2) which is addressed to that person, or against a decision which, although in the form of a decision addressed to another person, is of direct and individual concern to that person.”

— Article 60 (1) of the ESAs’ Regulations

How to file an appeal?

Prospective Appellant should carefully review Article 60 of the ESAs’ Regulations and the Rules of Procedure of the Board of Appeal, particularly Article 5 and 7, to make sure the appeal is filed in time.

“The appeal, together with a statement of grounds, shall be filed in writing at the Authority within two months of the date of notification of the decision to the person concerned, or, in the absence of a notification, of the day on which the Authority published its decision.”

— Article 60 (2) of the ESAs’ Regulations

“A Party wishing to bring an appeal against a decision of the Authority under Article 60 of the ESAs’ Regulations shall do so by way of a Notice of Appeal identifying the decision of the Authority [which is] the subject of the appeal.”

— Article 5 of the Rules of Procedure of the Board of Appeal

The Notice of Appeal shall be filed at the Authority against whose decision the party appeals. Please indicate “confidential” on all correspondence. The addresses of the Authorities are provided in the right margin of this page.

Copying the Secretariat

The Notice of Appeal should also be copied in hard form and by e mail to the ESA in charge of the Secretariat of the Board of Appeal for the current year (see margin for the details).

If the appeal is brought against the ESA in charge of the Secretariat of the Board of Appeal for the current year, the Notice of Appeal should be copied in hard form and by e-mail to the next ESA in charge for the following year (see margin for the details).

May 2013, European Court of Justice

Left to right: Anna Konstantinou, Giuseppe Godano, Bob Wessels, Juan Fernandez-Armesto, William Blair, Beata Maria Mrozowska, Marco Lamandini, Arthur Docters van Leeuwen, Pat McArdle, Noel Guibert, Lars Afrell, Katalin Mero

 

Photo © Board of Appeal Secretariat

Members of the Board of Appeal

Name/CV Member/Alternate Professionel experience
European Insurance and Occupational Pensions Authority
Noel Guibert Member, FR Retired, formerly International Director of the Autorité de Contrôle des Assurances et des Mutuelles
Anna Konstantinou Alternate, GR Legal Adviser and General Director of the Motor Insurers’ Bureau of Greece
Beata Maria Mrozowska Member, PL Legal Counsel, Hogan Lovells
Bob Wessels Alternate, NL Professor of International Insolvency Law, Leiden University
European Securities and Markets Authority
Lars Afrell Alternate, SE Senior Vice President, Swedish Securities Dealers Association
Arthur Docters van Leeuwen Member, NL Chairman of Advisory Board, Independent Risk Solutions; formerly Chairman of the Committee of European Securities Regulators and of the Netherlands Authority for Financial Markets
Juan Fernandez-Armesto Member, ES Arbitrator, formerly Chairman of the Spanish Securities and Exchange Commission
Marco Lamandini Alternate, IT Professor of Company and Securities Law, University of Bologna
European Banking Authority
William Blair Member, UK High Court Judge, Queen’s Bench Division
Giuseppe Godano Alternate, IT Retired, formerly lecturer, International and EU law, Universities of Rome and Cassino
Pat McArdle Alternate, IE Adviser to the Independent Review Panel on the Irish Department of Finance
Katalin Mero Member, HU Associate professor, Department of Finance and Accounting, International Business School, Budapest

Declarations of commitments and interests

Pursuant to Article 59(6) of Regulations (EU) No 1093 of 2010, No 1094 of 2010 and No 1095 of 2010 of the Parliament and of the Council of 24 November 2010 establishing the European Supervisory Authorities.

Documents

Decisions

  • Appeal by SV Capital v. European Banking Authority | 14 July 2014
  • Appeal by Global Private Rating Company v. ESMA | 10 January 2014
  • Appeal by SV Capital v. European Banking Authority | 24 June 2013

Contact the Secretariat

The Secretariat of the Board of Appeal rotates every year. Please copy EBA and ESMA in all your correspondence.

2013

European Insurance and Occupational Pensions Authority (EIOPA)

Westhafenplatz 1, 60327 Frankfurt – Germany

boardofappeal[at]eiopa.europa.eu

Tel. 49 (69) 95 111 9335


2014

European Banking Authority (EBA)

Tower 42 – level 18, 25 Old Broad Street, London, EC2N 1HQ; United Kingdom

boardofappeal[at]eba.europa.eu


2015

European Securities and Markets Authority (ESMA)

103, rue de Grenelle, 75007 Paris – France

boardofappeal[at]esma.europa.eu


Since no ESA can administer an appeal filed against its own acts (Article 4 of the Rules of Procedure of the Board of Appeal), if the appeal is brought against the Authority which provides the Secretariat in that year, the Notice of Appeal should be copied in hard form and by e-mail to the Authority which provides the Secretariat for the following year.