Rules of procedure
In accordance with Article 60(6) of the ESAs' Regulations, the Board of Appeal has adopted
Rules of Procedure which govern the bringing and conduct of an appeal.
Bringing an appeal
The full appeal process may be found under the Rules of Procedure. Further, there are
Guidelines to the Parties to Appeal Proceedings before the Board of Appeal, and an indicative form for a Notice of Appeal. Legal articles quoted in the text below are from the ESAs' Regulations, or the Board of Appeal's Rules of Procedure.
Who is entitled to file an appeal?
"Any natural or legal person, including competent authorities, may appeal against a decision of the Authority referred to in Articles 17, 18 and 19 and any other decision taken by the Authority in accordance with the Union acts referred to in Article 1(2) which is addressed to that person, or against a decision which, although in the form of a decision addressed to another person, is of direct and individual concern to that person." (Article 60 (1) of the ESAs' Regulations).
How to file an appeal?
Prospective Appellant should carefully review Article 60 of the ESAs' Regulations and the Rules of Procedure of the Board of Appeal, particularly Article 5 and 7, to make sure the appeal is filed in time.
- "The appeal, together with a statement of grounds, shall be filed in writing at the Authority within two months of the date of notification of the decision to the person concerned, or, in the absence of a notification, of the day on which the Authority published its decision." (Article 60 (2) of the ESAs' Regulations).
- "A Party wishing to bring an appeal against a decision of the Authority under Article 60 of the ESAs' Regulations shall do so by way of a Notice of Appeal identifying the decision of the Authority [which is] the subject of the appeal." (Article 5 of the Rules of Procedure of the Board of Appeal).
The Notice of Appeal shall be filed at the Authority against whose decision the party appeals. The addresses of the Authorities are as follows:
For EBA: EBA Chairperson, One Canada Square, Floor 46, Canary Wharf, London E14 5AA, United Kingdom, indicating "confidential"
For EIOPA: EIOPA Chairperson, Westhafenplatz 1, 60327 Frankfurt am Main, Germany, indicating "confidential"
For ESMA: ESMA Chairperson, 103 rue de Grenelle, 75007 Paris, France, indicating "confidential"
Copying the Secretariat
The Notice of Appeal should also be copied in hard form and by e-mail to ESMA (ESMA, Board of Appeal, European Securities and Markets Authority (ESMA), 103, rue de Grenelle, 75007 Paris – France firstname.lastname@example.org) who is in charge of the Secretariat of the BoA for 2018*.
If the appeal is brought against ESMA in 2018, the Notice of Appeal should be copied in hard form and by e-mail to EIOPA (email@example.com).
General contact for Board of Appeal matters
Secretariat of the ESAs' Joint Committee in 2018:
firstname.lastname@example.org (cc: email@example.com and firstname.lastname@example.org)
Tel. +33 (1) 5836 65 03
*The Secretariat of the Board of Appeal rotates every year:
Since no ESA can administer an appeal filed against its own acts (Article 4 of the Rules of Procedure of the Board of Appeal), if the appeal is brought against the Authority which provides the Secretariat in that year, the Notice of Appeal should be copied in hard form and by e-mail to the Authority which provides the Secretariat for the following year.