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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 relating to the appeal shall be expeditious.

5. The court shall use the economic assessments of the facts carried out by the resolution authority as a basis for its own assessment.