SRB Appeal Panel
In memoriam
The Appeal Panel is mourning the passing of Luís Silva Morais, Vice-Chair of the Appeal Panel, who died on 15 September 2024. Professor Morais was renowned for his outstanding legal expertise making a contribution to the success of the banking union and cherished Member of the Appeal Panel. He joined the Appeal Panel in 2015 as an Alternate and since 2016 as Member. In 2018, the Appeal Panel elected Professor Morais as Vice-Chair. He was unanimously re-elected as Vice-Chair in 2023.
Along with his wife and family, the Appeal Panel mourns. “The entire Appeal Panel will miss him greatly as a true European.” said Christopher Pleister, Chair of the Appeal Panel.
The Appeal Panel is established according to Article 85(1) of Regulation (EU) No 806/2014 (SRMR). The Appeal Panel acts as an independent body in accordance with the SRMR and the Appeal Panel’s Rules of Procedure.
The Appeal Panel is composed of five members and two alternates who are individuals of high repute from the Member States and with a proven record of relevant knowledge and professional experience.
Under Article 85(3) of the SRMR, any natural or legal person, including resolution authorities, may appeal against a decision of the Board:
- addressing or removing substantive impediments to resolution according to Article 10(10) SRMR;
- applying simplified obligations in relation to the drafting of resolution plans referred or may waive the obligation of drafting those plans according to Article 11 SRMR;
- determining the minimum requirement for own funds and eligible liabilities (MREL) according to Article 12(1) SRMR;
- imposing a fine according to Articles 38 to 41;
- raising contributions to the administrative expenditures of the Board according to Article 65(3) SRMR;
- raising extraordinary ex-post contributions according to Article 71 SRMR; and
- granting or denying access to documents under the public access to documents-framework according to Article 90(3) SRMR.
In order for a case to be admissible, the decision has to be addressed to that person, or to be of direct and individual concern to that person.
The Appeal Panel is assisted in its work by an independent Secretariat, provided for by the SRB and composed of dedicated SRB staff. The staff of the Secretariat of the Appeal Panel is bound by strict confidentiality and impartiality on all Appeal Panel related matters.
The Appeal Panel is also part of the Inter Agency Network of Appeal Boards and supports the work of the network actively with the help of the Appeal Panel Secretariat.
All Appeal Panel’s decisions are published in a confidential form here