The Joint Board of Appeal (“The Board”) of the European Supervisory Authorities (ESAs) (the EBA, ESMA and EIOPA) unanimously decided that the appeal brought by NOVIS against the European Insurance and Occupational Pensions Authority (EIOPA) is admissible.
The appeal was brought in relation to the EIOPA decision not to grant access to documents, which were requested by NOVIS.
In its decision, the Board acknowledges that requests for access to documents laid out in Regulation No 1049/2001 can be dismissed by way of exceptions to protect certain public and private interests.
In the context of this appeal, the Board confirms that for certain documents targeted by NOVIS’ request, there may be good reasons to refuse access in order to protect the proper functioning of the European System of Financial Supervision (“ESFS”). The Board concurs with EIOPA that there must be a “safe space”, comprising all supervisory authorities that are part of the ESFS, where all potential options and ideas can be discussed freely without public disclosure. Nevertheless, the Board also concludes that for two documents, partial access may have been granted.
As a result, the Board remits the case to EIOPA for the adoption of an amended decision.