BoA dismisses appeal against EBA on discretionary investigation
The Joint Board of Appeal dismissed an appeal against the European Banking Authority's decision not to investigate a complaint. The Board ruled the EBA's discretionary power to initiate investigations is not subject to appeal.
EBA's discretion beyond appeal
The Joint Board of Appeal dismissed an appeal by a natural person ("D") against the European Banking Authority (EBA).
The appellant challenged the EBA's communication from 2 February 2026, which declined to initiate an investigation into an alleged breach of Union law concerning payment services.
The BoA, citing case law from the Court of Justice of the European Union and the General Court, affirmed that the EBA's power to initiate an investigation is entirely discretionary.
Crucially, such a decision is not subject to review by either the General Court or the Board of Appeal itself.
The EBA had determined the request was more suitable for other means, and the BoA found no differing factual or legal circumstances from previous cases to justify a different conclusion on admissibility, thus finding the appeal inadmissible.
Account termination sparks complaint
The appellant's case originated from the abrupt termination of their bank account by Finnish S-Bank Plc on 17 June 2024.
Alleging unjustified measures, the appellant first complained to FINE, the Finnish Financial Ombudsman Bureau, and subsequently to the Finnish financial supervisory authorities (FIN-FSA).
Both national bodies deemed the matter an individual dispute beyond their direct competence.
Following these unsuccessful attempts, the appellant filed a complaint with the EBA.
The EBA then decided not to launch an investigation, citing lack of competence regarding FINE and no apparent breach of EU law by FIN-FSA, which prompted the present appeal.