Date-stamp loading
Version status: Applicable | Document consolidation status: No known changes
Version date: 12 August 2022 - onwards
  Version 3 of 3    

Article 74 Ex-ante judicial approval and rights of appeal

1. A decision to take a crisis prevention measure or resolution action may be subject to ex-ante judicial approval where provided in national law, where the procedure relating to that approval and the court's consideration are expeditious.

2. All persons affected by a decision to take a crisis prevention measure or a decision to exercise any power, other than a resolution action, shall have the right of appeal against that decision.

3. All persons affected by a decision to take a resolution action shall have the right of appeal against that decision.

4. The right of appeal referred to in paragraph 3 shall be subject to the following conditions:

(a) the lodging of an appeal shall not entail any automatic suspension of the effects of the challenged decision;

(b) the decision of the resolution authority shall be immediately enforceable and it shall give rise to a rebuttable presumption that a suspension of its enforcement would be against the public interest; and

(c) the procedure relatin

Comparing proposed amendment...