Appealing against a decision of the Single Resolution Board
The full appeal process may be found in the Rules of procedure.
Legal articles quoted in the text below are from the Single Resolution Mechanism-Regulation (EU) No 806/2014 (SRM-Regulation) or the Appeal Panel’s Rules of Procedure.
Prospective appellants should carefully review Article 85(3) SRMR and the Appeal Panel’s Rules of Procedure (in particular Articles 5 and 7) to make sure that the decision of the Board is of a type that is appealable before the Appeal Panel and that the appeal is filed in time:
— Article 85(3)(1st subparagraph) of the SRM-Regulation:
Any natural or legal person, including resolution authorities, may appeal against a decision of the Board referred to in Article 10(10), Article 11, Article 12(1), Articles 38 to 41, Article 65(3), Article 71 and Article 90(3) which is addressed to that person, or which is of direct and individual concern to that person.
Filing of an appeal
— Article 85(3)(2nd subparagraph) of the SRM-Regulation:
The appeal, together with a statement of grounds, shall be filed in writing at the Appeal Panel within six weeks 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 decision came to the knowledge of the person concerned.
— Article 5 of the Appeal Panel’s Rules of Procedure:
(1) A party wishing to bring an appeal against a decision of the Board under Article 85(3) of Regulation 806/2014 shall do so by way of a notice of appeal identifying the decision that is the subject of the appeal.
(2) The language of the Notice of Appeal and of the appeal proceeding shall be the language of the contested decision. The parties can agree on a language other than that of the contested decision. If the contested decision was issued in more than one languages of the Union and the English language is among such languages, the language of the appeal shall be English, save if the parties instead agree on a different language. The parties are invited to deposit a courtesy copy in English therefore saving time as the official translation from the Language of the procedure to the internal working Language of the Appeal Panel may delay the process.
(3) The decision that is the subject of the appeal shall be annexed to the notice of appeal.
(4) The notice of appeal shall:
a) state why it is admissible under Article 85(3) of Regulation 806/2014;
b) state the grounds on which it is based;
c) if an application is made that the appeal should have suspensive effect under Article 85(6) of Regulation 806/2014 pending the outcome of the appeal, state the grounds of such application;
d) attach copies of any documents on which the appellant intends to rely.
(5) If the notice of appeal exceeds 10 pages, it should include a summary of the content referred to in paragraph 4 points (a) and (b).
(6) The notice of appeal shall clearly indicate full contact details to which the Secretariat and other parties may send communications with the appellant.
(7) The notice of appeal shall give the names of the appellant’s representatives.
(8) The appellant may at any time discontinue an appeal by giving notice of discontinuance to the Secretariat. The Secretariat shall also inform the Board of the appellant’s decision to discontinue the appeal.
(9) If there is more than one appellant, the above shall apply to each.
— Article 7 of the Appeal Panel’s Rules of Procedure:
(1) The notice of appeal and the response must be filed and served in writing at the address specified on the Board’s website.
(2) A document that is to be filed with the Secretariat or served on any party shall be communicated by email, subject to the applicable security standards. Subject to an objection by any of the parties, the Chair may decide that the document has to be filed either by registered post or by personal delivery against a receipt or in accordance with any direction given in respect of a particular appeal as to filing and/or service.
(3) Filing shall be deemed to have taken place at the time of receipt of the registered mail or the email copy, whichever is earlier.
The Notice of Appeal should be filed with the Appeal Panel in writing by registered mail to the attention of the Appeal Panel’s Secretariat. At the same time, a copy of the Notice of Appeal shall be send by email to the Appeal Panel’s email address. Please indicate “confidential” on all correspondence. Filing or service shall be deemed to have taken place at the time of receipt of the registered mail or the email copy, whichever is earlier. If the supporting documents required according to Article 5(4)(d) of the Rules of Procedure exceed the total size of more than 2 GB or 20 documents, please make sure to spread the files across a number of emails so that this limit is not exceeded, or provide them on a USB stick, CDs or DVDs to be delivered in 9 copies to the Secretariat. Any communication after the filing of the Notice of Appeal should be made via electronic means by applying adequate security standards, as arranged with the Secretariat of the SRB Appeal Panel.
Address: Appeal Panel of the Single Resolution Board
Att. Appeal Panel’s Secretariat