Breach of Union law
BREACH OF UNION LAW
ESMA has power under Article 17 of the ESMA Regulation to investigate and take further action concerning the failure of National Competent Authorities to comply with their obligations under the legislation referred to in Article 1(2) of the ESMA Regulation. For further information on the scope of this power, we refer you to the ESMA Regulation (and in particular Article 17).
Complaint about a national competent authority
If you have a complaint about an NCA, we recommend that you consult ESMA’s Rules of procedure on breach of Union law investigations.
The procedure for the assessment of whether to initiate an investigation under Article 17 and the conduct of such an investigation are both provided for in these rules of procedure.
Submitting a complaint
In order for ESMA to understand your complaint and to be able to assess its admissibility, we recommend that you submit your complaint using the National Competent Authority Complaint Form.
In order to check the admissibility of your request, you can send all relevant information by email to Legal@esma.europa.eu. Alternatively you may send the information by post to:
European Securities and Markets Authority (ESMA)
103 rue de Grenelle
75345 Paris Cedex 07
ESMA aims to acknowledge receipt of your request within two weeks.
Please note that in order to address your complaint ESMA may contact you in order to obtain further documents or information.