Article 83 — Refusal to cooperate
Financial servicesLevel 1DirectiveMiFID IIIn forceOfficial source
A competent authority 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 Article 84 or to exchange information as provided for in Article 81 only where:
83(a)
(a)judicial proceedings have already been initiated in respect of the same actions and the same persons before the authorities of the Member State addressed;
Copy link83(b)
(b)final judgment has already been delivered in the Member State addressed in respect of the same persons and the same actions.
Copy linkIn the case of such a refusal, the competent authority shall notify the requesting competent authority and ESMA accordingly, providing as detailed information as possible.
Title VI — Competent authorities
PreviousArticle 82 — Binding mediationNextArticle 84 — Consultation prior to authorisation