Source: OJ L, 2024/1504, 30.5.2024Current language: EN
- Markets in crypto-assets
Significant ART/EMT issuer
- Fines and penalties of the EBA
Article 5 Access to the file and use of documents
Summary What does Article 5 of the Fines and penalties of the EBA say?
This short but important article establishes the right of a person under investigation to access the file held against them.
It connects directly to the investigative and hearing procedures set out in earlier articles, providing a procedural safeguard that allows the investigated party to review the evidence and findings compiled by the investigation officer or the EBA.
However, this right comes with a strict limitation on how the accessed documents may be used.
Important points:
- The EBA is required to grant file access to the investigated person upon request, but only after a statement of findings has been formally notified.
- File documents accessed may only be used for judicial or administrative proceedings concerning the application of Regulation (EU) 2023/1114.
- This right of access applies to persons to whom either the investigation officer or the EBA has addressed a statement of findings.
Springlex's summary of the article, a reading aid, not a substitute for the legal text.
Upon request, the EBA shall grant access to the file to the person subject to investigation to whom the investigation officer or the EBA has sent a statement of findings. Access shall be granted following the notification of any statement of findings in accordance with Article 134(7) of Regulation (EU) 2023/1114.
File documents accessed shall be used by the person referred to in paragraph 1 only for the purposes of judicial or administrative proceedings concerning the application of Regulation (EU) 2023/1114.
Springlex and this text is meant purely as a documentation tool and has no legal effect. No liability is assumed for its content. The authentic version of this act is the one published in the Official Journal of the European Union.