Joint Board of Appeal dismisses appeal against the European Banking Authority

The Joint Board of Appeal of the European Supervisory Authorities (EBA, EIOPA, and ESMA) has issued a decision stating that an appeal brought by an individual against the European Banking Authority (EBA) is inadmissible.

The appeal concerned a response by the EBA to a complaint regarding the closure of a bank account by a credit institution and the handling of the matter by the Finnish National Competent Authority (FIN-FSA). The appellant requested that the EBA investigate a possible breach of Union law by FIN-FSA.

After assessment, the EBA decided not to initiate an investigation. The appellant challenged that decision before the Board of Appeal.

The Board concluded that, under EU case law, the decision to initiate an investigation is at the EBA’s discretion. A decision not to investigate is not subject to review by the Board of Appeal.

The Board also examined whether the case circumstances differed from previous decisions and EU case law, and found no such differences that would justify a different conclusion.

The Board of Appeal is a joint body of the European Supervisory Authorities, composed of independent members, reviewing appeals against decisions by the EBA, ESMA, and EIOPA, in accordance with ESA Regulations.