Legal Protection against Decisions of the Single Resolution Board pursuant to Article 85 Single Resolution Mechanism Regulation

Skauradszun Dominik
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Skauradszun Dominik: Professor of civil law and economic law, in particular corporate law, Fulda University of Applied Sciences, Germany and Of Counsel at Gleiss Lutz, Germany. I am grateful for inviting me to present the paper at the Federal Ministry of Finance on 9 February 2017. Furthermore, I am grateful for helpful research and comments by Maximilian Heil, Claus Schindler and Markus Klein – all research assistants at the for mentioned professorship. All errors are mine.Fulda University of Applied SciencesFuldaGermany

European Company and Financial Law Review, 2018, vol. 15, issue 1, 123-147

Abstract: The Single Resolution Board is a powerful authority in the European Union – perhaps even one of the most powerful. The system for legal protection against decisions of the Single Resolution Board based on Article 85 of the Regulation (EU) No 06/2014 is complex. The competent Appeal Panel has rejected more than 80 percent of all cases up to now and decided that the large majority of all appeals were not even admissible. Nevertheless, the legal literature on legal protection against decisions of the Single Resolution Board is minimal. As far as can be seen, no in-depth examination of the appeal procedure has been published yet. Case law of the General Court is not (yet) available. This study examines Article 85 of the Single Resolution Mechanism Regulation and presents an interpretation of the legal protection system that balances the interests of credit institutions as well as the interests of the European financial market and the European taxpayers in a powerful European resolution authority. The results are summarised in 10 theses at the end of this paper for further discussion.

Date: 2018
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DOI: 10.1515/ecfr-2018-0005

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