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Decision of the European Ombudsman in the above case on the decision of the European Banking Authority not to open an investigation into the refusal of a Maltese bank to refund credit transfers
Decision
Case 1038/2019/MIG - Opened on Friday | 21 June 2019 - Decision on Friday | 21 June 2019 - Institution concerned European Banking Authority ( No maladministration found ) - Country Germany
Dear Mr X,
You contacted the European Ombudsman on 7 June 2019 with a complaint against the European Banking Authority (EBA). Your complaint primarily concerns the EBA's decision not to open an investigation into X's refusal to reimburse you an amount of EUR 159,000.00. Furthermore, you seem to be dissatisfied with how the EBA has answered a number of questions regarding the alleged fraud case underlying your complaint to the EBA. The Ombudsman has asked me to deal with your complaint and to reply to you on her behalf.
Based on the information submitted to us, we cannot identify any maladministration by the EBA.[1]
The EBA is responsible for ensuring an effective and consistent level of regulation and supervision in the European banking sector. In this respect, it may investigate possible EU infringements by competent authorities within the meaning of Article 4(2) of the EBA Regulation [2]. However, as correctly stated by the EBA in its final decision, on the basis of its mandate, it does not have the power to investigate possible EU infringements by a single bank. The EBA’s decision to close your complaint without opening an investigation was therefore not a discretionary decision. In other words, your complaint, which was directed exclusively against the banks concerned, was inadmissible. The EBA therefore had no choice but to close the case without investigating the bank(s) in question.
The EBA has also addressed the issues you raised in an appropriate manner. Your questions essentially concerned BOV’s conduct in your case as well as the general obligations of banks in relation to fraud cases. Since the EBA does not have a mandate that would allow it to investigate the conduct of credit institutions in individual cases, the Ombudsman considers that it would be inappropriate for the EBA to give its opinion in cases such as those of a legal or other nature. It was therefore appropriate for the EBA to refer you to the competent national authorities, courts and ombudspersons of the EU Member States concerned and to point out that monetary claims against credit institutions and/or private individuals can only be finally established by a court.
I am aware that you are likely to be disappointed with this decision, but I hope that the above information and explanations will nevertheless be helpful to you.
The Ombudsman closes the case.
Yours sincerely,
Fergal Ó Regan
Coordination of Public Interest Inquiries - Unit 2
Strasbourg, 21/06/2019
[1] Full information on the procedure and rights related to complaints can be found at https://www.ombudsman.europa.eu/en/document/70707.
[2] In accordance with Article 17 of Regulation No 1093/2010 establishing a European Supervisory Authority (European Banking Authority), available at https://eur-lex.europa.eu/legal-content/DE/TXT/PDF/?uri=CELEX:32010R1093&from=EN.