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Date Ref. Title Section Type Download Info Summary Related Documents Translated versions
25/04/2017 ESMA22-106-196 Advice in response to JC Discussion Paper on the Use of Big Data by Financial Institutions Securities and Markets Stakeholder Group SMSG Advice PDF
144.22 KB
20/12/2013 2013/SMSG/017 Advice on Consultation Paper – Draft Regulatory Technical Standards on contracts having a direct, substantial and foreseeable effect within the Un-ion and non-evasion of provisions of EMIR Securities and Markets Stakeholder Group SMSG Advice PDF
27.43 KB
20/12/2013 2013/SMSG/018 Advice on Discussion Paper – The Clearing Obligation under EMIR Securities and Markets Stakeholder Group SMSG Advice PDF
46.94 KB
28/10/2011 2011/SMSG/13 Advice on ESMA's draft technical advice to the European Commission on possible implementing measures of the Alternative Investment Fund Man-agers Directive in relation to supervision and third countries Securities and Markets Stakeholder Group SMSG Advice PDF
88.23 KB
01/12/2011 2011/SMSG/18 Advice on ESMA's public consultation on UCITS Exchange traded funds in the European Union Securities and Markets Stakeholder Group SMSG Advice PDF
149.17 KB
28/02/2012 2012/SMSG/12 Advice on Guidelines on certain aspects of the MiFID compliance function requirements Securities and Markets Stakeholder Group SMSG Advice PDF
83.35 KB
28/02/2012 2012/SMSG/11 Advice on Guidelines on certain aspects of the MiFID suitability requirements Securities and Markets Stakeholder Group SMSG Advice PDF
138.1 KB
18/09/2015 2015/SMSG/026 Advice on Proxy advisors Securities and Markets Stakeholder Group SMSG Advice PDF
206.54 KB
11/11/2015 ESMA/2015/SMSG/031 Advice on sound remuneration under UCITS and AIFMD Securities and Markets Stakeholder Group SMSG Advice PDF
123.3 KB
27/02/2019 BoA D 2019 01, 02, 03 and 04 Appeal by Svenska Handelsbanken AB, Skandinaviska Enskilda Banken AB, Swedbank A and Nordea Bank Abp against the European Securities and Markets Authority Board of Appeal Decision PDF
829.04 KB
26/01/2016 BOA 2016 001 BoA 2016- 001 (Decision Kluge v EBA) Board of Appeal Decision PDF
196.32 KB
08/10/2019 boa-2019-d-05_decision BOA decision creditreform_rating_ag_vs_eba Board of Appeal Decision PDF
922.78 KB
30/11/2018 boa30.18 BoA Decision SEB appeal 30 November 2018 Board of Appeal Decision PDF
416.77 KB
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
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.
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.
29/03/2021 Decision BoA D 2021 02 Board of Appeal of the ESAs- decision on "A" vs ESMA Board of Appeal Decision PDF
283 KB
03/05/2021 BoA D 2021 03 Board of Appeal of the ESAs- decision on City Insurance SA vs EIOPA Board of Appeal Decision PDF
305.13 KB
04/11/2020 BoA D 2020 02 Board of Appeal of the ESAs- Decision on Howerton vs EIOPA Board of Appeal Decision PDF
85.83 KB
12/10/2020 BoA D 2020 01 Board of Appeal of the ESAs- Decision on Howerton vs ESMA Board of Appeal Decision PDF
616.54 KB

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