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Text as of 17 Jan 2025 · Consolidated version of 6 June 2026 · Same wording as today’s text.Today’s text

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;
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83(b)
(b)final judgment has already been delivered in the Member State addressed in respect of the same persons and the same actions.
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In the case of such a refusal, the competent authority shall notify the requesting competent authority and ESMA accordingly, providing as detailed information as possible.