The Appeals Board Rejects Appeal Against EBA

The Appeals Board of the European Supervisory Authorities (EBA, EIOPA and ESMA) has declared inadmissible an appeal filed by an individual against the European Banking Authority (EBA). This appeal was related to the EBA's response to a complaint regarding the closure of a bank account by a credit institution and the role of the Finnish Competent Authority (FIN-FSA) in the matter. The appellant requested the EBA to investigate a potential breach of Union law by FIN-FSA. Following its assessment, the EBA decided not to initiate an investigation. The appellant challenged that decision before the Appeals Board.

Appeals Board Decision

The Appeals Board concluded that, in accordance with the established EU case law, the decision to initiate an investigation is at the discretion of the EBA. Any decision not to open such an investigation is not reviewable by the Appeals Board. Furthermore, the Board examined whether the circumstances of the case differed from previous decisions and relevant EU case law that might justify a different conclusion. It found no such distinguishing circumstances.

General Framework of the Appeals Board

The Appeals Board is a joint body of the European Supervisory Authorities composed of independent members. It reviews appeals against certain decisions taken by the European Banking Authority (EBA), the European Securities and Markets Authority (ESMA) and the European Insurance and Occupational Pensions Authority (EIOPA), in accordance with the relevant ESA Regulations.

Impact of the Case

The inadmissible appeal emphasizes the discretionary power of the EBA to decide on the initiation of investigations. It also highlights that internal decisions of the EBA remain beyond the review scope of the Appeals Board unless exceptional circumstances are presented. This stance consistently aligns with previous decisions and EU case law.

The case provides clarity on the role of the Appeals Board and reaffirms the autonomy of the EBA in its internal administrative procedures.

For more information, contact Tayfun Yilmaz, Communications Officer, at [email protected]. Decision published on July 16, 2026, under reference number BoA-D-2026-01.