#62024TO0247EU General Court rejects Evroins challenge over EIOPA investigation request
AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.
The order leaves in place EIOPA’s refusal to open an investigation requested by Evroins and confirms that the Board of Appeal was right to reject the company’s appeal as inadmissible. The case arose after Romanian authorities withdrew the operating licence of Euroins Romania, a subsidiary of the Bulgarian insurance group. For insurers and regulated financial groups, the practical message is narrow but important: not every request to an EU supervisory authority creates a decision that can be challenged through the authority’s appeal system. Companies seeking to contest supervisory inaction or national supervisory measures need to check carefully which body has legal authority and which appeal route is actually open.
AI-generated summary. May contain errors. Refer to official sources for legal decisions.
Key Changes
- Confirms that Evroins could not use EIOPA’s Board of Appeal to challenge the refusal to open the requested investigation.
- Leaves EIOPA’s refusal to investigate in place.
- Clarifies the limits of appeal rights against EU supervisory authorities in insurance supervision disputes.
Obligations
What this law requires
The General Court dismissed Evroins inshurans grup AD’s action for annulment against EIOPA Board of Appeal Decision BoA-D-2024-02, leaving in place the Board of Appeal’s finding that the appeal was inadmissible under Article 60 of Regulation (EU) No 1094/2010.
A request asking EIOPA to initiate an investigation does not necessarily create a challengeable EIOPA decision before the Board of Appeal under Article 60 of Regulation (EU) No 1094/2010.
Where a dispute concerns national supervisory action, such as withdrawal of an insurance undertaking’s operating licence by a national authority, the appropriate competent body and appeal route must be identified before pursuing an EU-level appeal.