Joint Board of Appeal Rejects EBA Appeal

The Joint Board of Appeal of the European Supervisory Authorities (ESAs), consisting of the European Banking Authority (EBA), European Securities and Markets Authority (ESMA), and European Insurance and Occupational Pensions Authority (EIOPA), has declared an individual's appeal inadmissible against the EBA. This decision, dated 16 July 2026, relates to a case involving the closure of a bank account by a credit institution and the Finnish National Competent Authority (FIN-FSA). The appellant had requested the EBA to probe a potential breach of Union law by the FIN-FSA. However, after thorough assessment, the EBA opted not to pursue an investigation.

Discretion of the European Banking Authority

The Board of Appeal emphasized that, under established EU case law, it is at the EBA's discretion to decide whether to initiate an investigation. The decision by the EBA not to proceed with an investigation is not subject to the Board of Appeal's review. This position aligns with the existing legal framework, where the EBA holds authority over whether or not to examine such claims.

Consistency with EU Case Law

The Board further reviewed whether the case circumstances differed from past decisions in a way that could justify a different outcome. After careful consideration, the Board found no such distinguishing factors, reinforcing that the EBA's decision aligns with EU case law standards.

Role of the Board of Appeal

The Board of Appeal serves as a unified body for the ESAs, composed of independent members. It is responsible for reviewing appeals against specific decisions made by the EBA, ESMA, and EIOPA, in accordance with the respective regulations governing these authorities. This framework ensures a structured process for handling appeals within the supervisory scope of the ESAs.

Implications for Future Cases

This decision sets a precedent for managing similar appeals. It underscores the discretionary power of the EBA in deciding whether to launch investigations and highlights the non-reviewable nature of such decisions by the Board. This clarity in jurisdiction ensures that the authorities maintain their role effectively within the scope of EU regulations.