Decision of the European Ombudsman concerning complaint 1757/2022/KR against the Single Resolution Board

Dear Mr X,

On 19 September 2022, you submitted a complaint to the European Ombudsman against the Single Resolution Board (SRB), concerning how its Appeal Panel dealt with your appeal. The Ombudsman has asked me to deal with the case on her behalf.

After careful analysis of all the information submitted to us, we have concluded that there was no maladministration by the Single Resolution Board.^[1]

You contend that the SRB’s Appeal Panel was wrong to deem that your appeal, which concerns a dispute with an Andorran bank, is inadmissible. The Appeal Panel informed you that, according to its mandate, it may deal only with appeals relating to decisions of the SRB.

The explanations provided to you by the Appeal Panel, in its replies in August and September 2022, are reasonable.

The SRB is a regulatory agency with resolution powers in respect of credit institutions that fall under the direct supervision of the ECB. The resolution of the Andorran bank at issue in your appeal took place under national resolution law in Andorra. As such, the SRB has not adopted any decisions in relation to that bank. Therefore, your appeal to the Appeal Panel is manifestly inadmissible.

Based on the above, there was no maladministration in how the Single Resolution Board dealt with your appeal and addressed your concerns, and we have closed the case.

If you wish to pursue this matter, you could consider turning to the national resolution authority in Andorra for further information of the resolution process or to the courts in Andorra to protect your interests.

We realise that this may not be your preferred outcome, but we hope that you find these explanations helpful.

Yours sincerely,

 

Tina Nilsson
Head of the Case‐handling Unit

Strasbourg, 18/10/2022

 

[1] Information on the review procedure can be found on the Ombudsman’s website: http://www.ombudsman.europa.eu/en/resources/otherdocument.faces/en/70669/html.bookmark.