On January 11, 2017, the European Banking Authority published a Decision of the Board of Supervisors of the EBA, dated December 23, 2016, adopting Rules of Procedure for the investigation of a breach of EU law. The Regulation establishing the EBA gives the EBA the power to investigate an alleged failure by a national regulator to apply the requirements of the Capital Requirements Regulation or the Capital Requirements Directive or their application in a way which appears to be a breach of EU law. The Decision sets out factors, criteria and other related matters that the EBA will take into account when it receives a request from a third party to initiate an investigation or to EBA own initiative investigations.

The Decision is available at: https://www.eba.europa.eu/documents/10180/1712606/EBA+DC+174+%28Decision+on+adopting+Rules+of+Procedures+for+
Investigation+of+Breach+of+Union+Law%29.pdf/404eb483-e1ec-4b56-9e31-e5988138455d
.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.