Art. 113 Right of appeal | MiCA regulation | MiCA

This article establishes the right of appeal and enforcement mechanisms available against decisions made by competent authorities under the regulation.

It requires Member States to ensure that competent authority decisions are reasoned and challengeable before a court, and notably extends this right of appeal to situations where a competent authority simply fails to act on a complete authorisation application within six months.

It also opens the door for broader enforcement by allowing public bodies, consumer organisations, and professional organisations to take legal action in the interests of those they represent.

Important points:

Member States are required to ensure all competent authority decisions are properly reasoned and subject to judicial appeal, including in cases of administrative inaction on authorisation applications.
The right of appeal extends to situations where no decision is made within six months of a complete authorisation application being submitted.
Member States must allow public bodies, consumer organisations, and professional organisations to take court or administrative action to enforce the regulation in the interests of consumers and crypto-asset holders.

1. Member States shall ensure that decisions taken by competent authorities under this Regulation are properly reasoned and subject to the right of appeal before a court. The right of appeal before a court shall also apply where, in respect of an application for authorisation which provides all of the required information, no decision is taken within six months of its submission.
1. Member States shall provide that one or more of the following bodies, as determined by national law, may, in the interests of consumers and in accordance with national law, take action before the courts or competent administrative bodies to ensure that this Regulation is applied:
  1. public bodies or their representatives;
  2. consumer organisations having a legitimate interest in protecting holders of crypto-assets;
  3. professional organisations having a legitimate interest in protecting their members.