Joint Board of Appeal dismisses appeal against the EBA
Executive Summary
The Joint Board of Appeal of the ESAs has dismissed as inadmissible an individual’s appeal against the EBA’s decision not to open a breach‑of‑Union‑law investigation into the Finnish supervisory authority’s handling of a bank account closure. This confirms that EBA’s decision whether to initiate a Union law breach investigation is a discretionary act that is not reviewable by the Board of Appeal and, in practice, offers very limited avenues for customers or firms to challenge an EBA non‑investigation decision. For compliance teams, this reinforces that supervisory recourse routes for disputes over account closures and similar conduct are primarily at national level and in national courts, with EBA’s Article 17 “breach of Union law” mechanism remaining a high‑threshold, discretionary tool rather than a complaint or appeal channel.
What Changed
- - The decision clarifies that EBA’s decision whether or not to initiate an investigation into a possible breach or non‑application of Union law under Article 17 of Regulation (EU) No 1093/2010 is a matter of EBA’s discretion and is not subject to rev
- The Board of Appeal confirms that a decision not to open a Union law breach investigation does not constitute a reviewable “decision” for the purposes of Article 60(1)–(2) of the ESA Regulations and therefore cannot be challenged by way of appeal bef
- The Board of Appeal confirms that individual complaints about account closures and associated supervisory handling remain primarily within the remit of national competent authorities and national legal frameworks, rather than creating enforceable rig
- The decision reiterates that only certain categories of ESA acts that produce binding legal effects (for example, decisions adopted under Articles 17, 18 or 19 of the ESA Regulations, and acts within the scope of Article 1(2) of Regulation (EU) No 10
- The outcome aligns with prior Board of Appeal and EU court case law confirming that persons outside the specific categories listed in Article 17(2) of the ESA Regulations have no right of appeal to the Board against an ESA decision on whether to comm
Suggested Considerations
- Review internal complaints‑handling and escalation procedures to ensure that disputes over account closures and related supervisory decisions are managed through national complaint bodies and courts, rather than assuming EBA or Board of Appeal review will be available.
- Update legal and compliance guidance notes to reflect that EBA’s decision whether to initiate a breach‑of‑Union‑law investigation is discretionary and generally not subject to appeal before the Board of Appeal, limiting external escalation avenues.
- Train front‑office, customer‑service and complaints staff to provide accurate information to customers about available redress routes, emphasising national ombudsman, national competent authority and judicial mechanisms rather than ESMA/EBA appeals.
- For groups operating across the EU, map national complaint and judicial mechanisms for account closures in each jurisdiction and integrate them into group‑wide conduct risk frameworks and customer communication templates.
- Monitor further ESA and EU court case law on which ESA acts are susceptible to appeal before the Board of Appeal, and adjust litigation and escalation strategies accordingly.
Key Dates
Compliance Impact
Non‑compliance with national rules on account closures and customer treatment can lead to supervisory sanctions, civil liability and reputational damage, and firms should not rely on ESA‑level appeals as a corrective mechanism. The inability to challenge EBA’s non‑investigation decisions heightens the importance of robust conduct, documentation and national‑level redress management.
Who is Affected
References
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Summary
Joint Board of Appeal dismisses appeal against the EBA 16 July 2026 Board of Appeal The Joint Board of Appeal of the European Supervisory Authorities (EBA, EIOPA and ESMA – the ESAs) 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 Compe...