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Reset all filters| Date | Ref. | Title | Section | Type | Download | Info | Summary | Related Documents | Translated versions |
|---|---|---|---|---|---|---|---|---|---|
| 30/01/2013 | 2013/159 | Q&A on Implementation of the Regulation on short selling and certain aspects of credit default swaps (2nd update) | Short Selling | Q&A | PDF 873.32 KB |
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| 24/06/2013 | BoA 2013-008 | Board of Appeal Decision | Joint Committee, Board of Appeal | Decision | PDF 242.72 KB |
The joint Board of Appeal of the European Supervisory Authorities (EBA, ESMA and EIOPA) has published today its decision in an appeal brought by an Estonian company against a decision of the EBA. It concerned the question whether the suitability of the managers of a significant branch of a bank may be a matter within EU law, and not just national law. Allowing the appeal, the Board of Appeal interpreted Directive No. 2006/48/EC consistently with the EBA Guidelines on the assessment of the suitability of members of the management body and key function holders. It came to the conclusion that the “fit and proper” requirement is not restricted to the persons who direct the business of the credit institution. The matter therefore was within the EBA’s powers of investigation. Although the appellant criticised the way in which the EBA dealt with its complaint, the Board of Appeal made it clear that it did not accept that criticism. It considered that the EBA dealt with the complaint in an appropriate manner. The ground on which the appeal was allowed was one of interpretation of the applicable legal provisions. The case was remitted to the EBA to adopt the appropriate decision in accordance with the Board of Appeal’s findings. This is for information only. The decision consists of the signed Decision only. For any enquiries, please contact EIOPA’s Press Office: Anzhelika Mayer Tel.: +49 69 9511 1968 | |||
| 13/01/2014 | BoA 2013-014 | Board of Appeal Decision Global Private Rating Company v. ESMA | Joint Committee, Board of Appeal | Decision | PDF 361.96 KB |
Board of Appeal of the European Supervisory Authorities dismisses appeal made by a refused CRA-applicant against ESMA On 10 January 2014, the Board of Appeal of the European Supervisory Authorities handed down its decision on an appeal by the appellant, Global Private Rating Company “Standard Rating” Ltd, against the refusal by the European Securities and Markets Authority (ESMA) to register it as a credit rating agency. This is the first appeal against a decision by ESMA refusing an applicant registration as a credit rating agency. The Board of Appeal unanimously decided that the appeal should be dismissed, and that ESMA’s refusal decision should be confirmed. It stated that it accepted the appellant’s point that the registration of a credit rating agency by ESMA is a new process, and recognised that the procedures will to an extent take time fully to work out. Nevertheless, because of the responsibilities placed on credit rating agencies and their importance in the financial system generally, it considered that the onus must be on an applicant to satisfy ESMA that the relevant requirements are met. The application and its contents must be very clear, and it is not ESMA’s responsibility as regulator to remedy deficiencies. | |||
| 17/07/2014 | 2014/C1/02 | Board of Appeal Decision | Joint Committee, Board of Appeal | Decision | PDF 368.94 KB |
The Joint Board of Appeal of the European Supervisory Authorities (the European Banking Authority, the European Insurance and Occupational Pensions Authority and the European Securities and Markets Authority) published its decision in an appeal brought by SV Capital OÜ, an Estonian company, against a decision of the EBA. This was the second appeal to be considered by the Board of Appeal in this matter between the same parties concerning the question whether the suitability of the managers of a significant branch of a bank raised a question of Union law. Following the Board of Appeal’s affirmative decision of 24 June 2013, the appellant requested the EBA to initiate an investigation against the Estonian and Finnish Financial Supervision Authorities because their alleged failure to take action in respect of individuals in the Estonian branch of Nordea Bank Finland PLC whom it was alleged were not fit and proper persons to be key function holders in the bank. The EBA decided that it would not initiate an investigation. The Board of Appeal decided that the EBA had been right to raise the matter with the national supervisors, but that having done so, it was entitled to take no further action in the light of their responses. The Board accordingly dismissed the appellant’s appeal against the EBA’s decision. | |||
| 02/12/2014 | 2014/BOA/05 | Decision by the ESA BoA concerning Investor Protection Europe sprl | Joint Committee, Board of Appeal | Decision | PDF 229.85 KB |
The Joint Board of Appeal of the ESAs decides on the inadmissibility of an appeal brought by IPE sprl, a company based in Brussels, against a decision by ESMAThe Joint Board of Appeal of the European Supervisory Authorities published today its decision in an appeal brought by Investor Protection Europe (IPE) sprl, a company based in Brussels, against a decision of the European Securities and Markets Authority (ESMA) of 10 June 2014 not to initiate an investigation under Article 17 of the ESMA Regulation regarding an alleged breach of Union law by the Commission de Surveillance du Secteur Financier of Luxembourg. The Board of Appeal unanimously decided that the appeal was inadmissible, and in the light of that decision, did not consider the substance of IPE’s complaint. | |||
| 14/08/2015 | BOA/2015/001 | Decision of the Board of Appeal of the European Supervisory Authorities given under Article 60 of Regulation (EU) No 1094/2010 and the Board of Appeal’s Rules of Procedure (BOA 2012 002) | Joint Committee, Board of Appeal | Decision | PDF 147.78 KB |
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| 19/12/2016 | 2016/1673 | 2016-1673 Q&A on MiFID II commodity derivatives topics | MiFID - Secondary Markets | Q&A | PDF 338.93 KB |
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| 19/12/2016 | 2016/JCESA QA | Questions and Answers on Big Data | Joint Committee | Q&A | PDF 333.65 KB |
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| 14/12/2017 | ESMA70-151-957 | MiFID II Q&A on post-trading issues | MiFID - Secondary Markets, Post Trading | Q&A | PDF 280.02 KB |
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| 30/04/2018 | BoA 2018-01 | Decision in an appeal by A v ESMA | Board of Appeal, Joint Committee | Decision | PDF 392.62 KB |
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| 29/05/2018 | ESMA70-145-408 | Question and Answers (Q&A) on the Regulation on short selling and certain aspects of credit default swaps (SSR) | Short Selling | Q&A | PDF 536.17 KB |
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| 11/10/2018 | ESMA70-155-5775 | Delegation third country TV post trade transparency | Board of Supervisors, MiFID - Secondary Markets | Decision | PDF 219.76 KB |
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| 11/10/2018 | ESMA70-155-5905 | Delegation_from_the_BoardofSupervisors_opinions on third country TV_PositionLimits | Board of Supervisors, MiFID - Secondary Markets | Decision | PDF 222.28 KB |
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| 27/03/2019 | ESMA70-872942901-36 | Q&A on MiFID II and MiFIR commodity derivatives topics | MiFID - Secondary Markets | Q&A | PDF 602.38 KB |
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| 29/03/2019 | ESMA70-145-111 | Q&A on the Market Abuse Regulation | Market Abuse, Market Integrity | Q&A | PDF 400.21 KB |
The purpose of this document is to promote common supervisory approaches and practices in the application of MAR and its implementing measures. It does this by providing responses to questions posed by the general public and competent authorities in relation to the practical application of the MAR framework The content of this document is aimed at competent authorities to ensure that in their supervisory activities and their actions are converging along the lines of the responses adopted by ESMA and at helping issuers, investors and other market participants by providing clarity on the content of the market abuse rules, rather than creating an extra layer of requirements. |
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| 11/04/2019 | ESMA31-62-780 | Q&A on Prospectus Related Topics | Brexit, Corporate Disclosure, Corporate Finance, Corporate Governance, Corporate Information, Prospectus, Supervisory convergence | Q&A | PDF 957.9 KB |
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| 11/04/2019 | ESMA31-67-127 | Question and answers on Transparency Directive (TD) | Brexit, Corporate Disclosure, Corporate Finance, Supervisory convergence, Transparency | Q&A | PDF 352.79 KB |
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| 18/02/2020 | ESMA31-62-1258 | Q&As on the Prospectus Regulation | Prospectus | Q&A | PDF 636.21 KB |
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| 16/03/2020 | ESMA70-155-9546 | ESMA decision on thresholds for reporting net short positions | COVID-19, Market Integrity, Short Selling | Decision | PDF 236.65 KB |
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| 20/03/2020 | ESMA70-155-3832 | List of trading venues benefiting from a transitional exemption from the access provisions under Article 36(5) of MiFIR | MiFID - Secondary Markets | Decision | PDF 88.62 KB |