European supervisory authorities deny Euroins’ appeal on EIOPA decision

Giuseppe de vita
Credit: EPA-EFE/ROBERT GHEMENT

Brussels (The Brussels Morning Newspaper) – European Supervisory Authorities Joint Board of Appeal discharges an appeal by Euroins Insurance Group AD against the European Insurance and Occupational Pensions Authority.

What Was the Outcome of Euroins’ Appeal?

The Joint Board of Appeal (The Board) of the European Supervisory Authorities (ESAs), the EBA, ESMA, and EIOPA unanimously resolved that the appeal carried by Euroins Insurance Group AD (Euroins) against the European Insurance and Occupational Pensions Authority (EIOPA) is unacceptable. 

Why Was Euroins’ Appeal Against EIOPA Rejected?

The appeal was brought concerning the EIOPA Chairperson’s decision not to initiate an investigation into an alleged violation or non-application of Union law concerning the withdrawal of the license of a subsidiary insurance implementation of Euroins by the national competent authority in Romania.

What Did the ESAs Board Decide About EIOPA’s Investigation Power?

In its conclusion, the Board discovers that EIOPA’s power to start an investigation is of an entirely discretionary nature. Furthermore, the Board also argues that the EIOPA Chairperson’s decision to instigate an investigation is not subject to the Board’s review. Finally, the decision elucidates that the Board does not have the capacity to order EIOPA to re-assess an appellant’s request to extend an investigation.

What Orders Were Issued Regarding the Publication of the Decision?

Following the adoption of the conclusion, two orders on its publication were also assumed. The first order overlooked Euroins’ request not to publish the judgment and its request for redaction. Yet, it decided to delay publication to a date letting Euroins file an appeal against that order at the General Court. The second order came upon a proposal from the President of the Court of First Instance, seeking to give additional time to investigate the case and consider interim measures requested by Euroins. That second order postponed the publication of the decision until 7 August 2024

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Giuseppe De Vita is a journalist at Brussels Morning News, He is covering European politics, Law and Technology news. Lawyer at De Vita & Partners Law Firm specializing in Criminal Law, Military and Space Law, and Cyber Security. In April 2023, he authored the monograph "Governance in Extraterrestrial Space", showcasing his extensive legal expertise. He has acquired vast experience in handling criminal and civil matters, managing litigation before various levels of jurisdiction across the national territory. In 2010, he obtained a Master's degree in Information Technology Law. Additionally, in the same year, he served as a teacher in criminal-IT subjects at the Penitentiary Police School of Portici, providing courses aimed at officials and managers of the Penitentiary Police and the Penitentiary Administration, focusing on IT security. He also serves as a Workplace Safety teacher, conducting training courses at various organizations and educational institutions. Moreover, he is a lecturer on Anti-Corruption and Transparency. The law firm, under his guidance, assists both private and corporate clients in court, accumulating significant experience in criminal and civil disputes over the years. Furthermore, it conducts Risk Management and Compliance, Cyber Resilience, and Cyber Security activities, with a specific focus on privacy protection (EU Regulation 2016/679 - GDPR). Giuseppe frequently publishes articles in legal journals, analyzing various regulatory issues. He has contributed articles to the legal journal Altalex, of which he is also a member of the Scientific Committee.
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