--- title: "Article 135 — Hearing of the persons concerned" type: regulation legal_status: in_force source: "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02023R1114-20240109" shortTitle: "Article 135 — Hearing of the persons concerned" instrument_type: level1_regulation authority: Commission binding: true binding_character: binding mica_level2: false legal_basis: Regulation (EU) 2023/1114 instrument: mica celex: 32023R1114 text_version: "Consolidated version of 9 January 2024" source_url: "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02023R1114-20240109" check_status: matched verified: true last_checked: 2026-11-09 --- *In force · Consolidated version of 9 January 2024 · Verified 9 Nov 2026 · [Official source](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02023R1114-20240109)* 1. Before taking any decision pursuant to [Article 130](130.md), [131](131.md) or [132](132.md), EBA shall give the persons subject to an investigation the opportunity to be heard on its findings. EBA shall base its decisions only on findings on which the persons subject to such investigation have had an opportunity to comment. 2. Paragraph 1 shall not apply if urgent action is needed in order to prevent significant and imminent damage to financial stability or to the holders of [crypto-assets](https://www.headlesslaw.com/definitions/mica/crypto-asset), in particular [retail holders](https://www.headlesslaw.com/definitions/mica/retail-holder). In such a case, EBA may adopt an interim decision and shall give the persons concerned the opportunity to be heard as soon as possible after taking its decision. 3. The rights of the defence of the persons subject to an investigation shall be fully respected. Those persons shall be entitled to have access to EBA’s file, subject to the legitimate interest of other persons in the protection of their business secrets. The right of access to EBA’s file shall not extend to confidential information or to EBA’s internal preparatory documents. ### Related * [crypto-asset](https://www.headlesslaw.com/definitions/mica/crypto-asset) — definition used in this article *** [Title VII — Competent authorities, EBA and ESMA](../titles/vii.md) › Chapter 5 — EBA’s powers and competences with respect to issuers of significant asset-referenced tokens and issuers of significant e-money tokens · [← Article 134](134.md) · [Article 136 →](136.md)