(1) The Bank may refuse to act on a request for cooperation in carrying out an investigation, on-the-spot verification or supervisory activity as provided for in Regulation 137 or to exchange information as provided for in Regulation 134 only where -
(a) proceedings have already been initiated in respect of the same actions and the same persons before a court in the State, or
(b) final judgment has already been given by a court in the State in respect of the same actions and the same persons.
(2) In the case of such a refusal, the Bank shall notify the requesting competent authority and ESMA accordingly, providing as detailed information as possible.