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Date Ref. Title Section Type Download Info Summary Related Documents Translated versions
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
15/01/2021 BoA D 2021 01 Board of Appeal of the ESAs- Decision on Howeverton vs EBA Board of Appeal Decision PDF
540.91 KB
30/03/2021 ESMA41-356-114 Decision 1-2021 Moody's UK Board of Supervisors, Credit Rating Agencies Decision PDF
728.73 KB
30/03/2021 ESMA41-356-129 Decision 2-2021 Moody's France Board of Supervisors, Credit Rating Agencies Decision PDF
352.97 KB
esma71-99-1622_cra_enforcement_case_moodys_march_2021.pdf
esma41-356-168_public_notices_moodys_uk_de_es_fr_it.pdf
30/03/2021 ESMA41-356-130 Decision 3-2021 Moody's Germany Board of Supervisors, Credit Rating Agencies Decision PDF
333.78 KB
esma71-99-1622_cra_enforcement_case_moodys_march_2021.pdf
esma41-356-168_public_notices_moodys_uk_de_es_fr_it.pdf
30/03/2021 ESMA41-356-131 Decision 4-2021 Moody's Italy Board of Supervisors, Credit Rating Agencies Decision PDF
350.91 KB
esma71-99-1622_cra_enforcement_case_moodys_march_2021.pdf
esma41-356-168_public_notices_moodys_uk_de_es_fr_it.pdf
30/03/2021 ESMA41-356-132 Decision 5-2021 Moody's Spain Board of Supervisors, Credit Rating Agencies Decision PDF
332.83 KB
esma71-99-1622_cra_enforcement_case_moodys_march_2021.pdf
esma41-356-168_public_notices_moodys_uk_de_es_fr_it.pdf
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.
30/04/2018 BoA 2018-01 Decision in an appeal by A v ESMA Board of Appeal, Joint Committee Decision PDF
392.62 KB
26/09/2018 BoA D 2018 02 Decision in an Appeal by B. against a decision of the European Securities and Markets Authority Board of Appeal Decision PDF
382.53 KB

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