Proceedings contesting SRB decisions:
Decisions of the SRB may be challenged:
- before the Appeal Panel of the SRB
- Which decisions? The competence of the Appeal Panel is determined by Article 85(3) of the SRM Regulation. Only the decisions of the SRB referred to in Article 10(10), Article 11, Article 12(1), Articles 38 to 41, Article 65(3), Article 71 and Article 90(3) of the SRM Regulation can be the subject of an appeal before the Appeal Panel. If the contested decision is not included in the list of the decisions referred to in Article 85(3) of the SRM Regulation, the appeal will not be admissible.
- Who may appeal? Any natural or legal person, including resolution authorities, when the SRB decision is addressed to that person, or is of direct and individual concern to that person, in accordance with Article 85(3) SRM Regulation.
For further information on the Appeal Panel, please refer to:https://srb.europa.eu/en/node/41
- before the Court of Justice of the European Union
- Which decisions? All decisions of the SRB that are not appealable before the Appeal Panel, pursuant to Article 86(1) SRM Regulation. This includes, for instance, decisions concerning resolution action in respect of a credit institution. Furthermore, decisions taken by the Appeal Panel may be also challenged before the Court of Justice.
- Who may appeal? Member States and the Union institutions, as well as any natural or legal person, when the SRB decision is addressed to that person, or is of direct and individual concern to that person, in accordance with Article 86(2) SRM Regulation and Article 263 TFEU.