EU · MiFIR · TITLE VIa ESMA POWERS AND COMPETENCES · CHAPTER 2 Administrative sanctions and other administrative measures
Article 38l MiFIRHearing of the persons concerned
Before taking supervisory measures or imposing fines or periodic penalty payments on data reporting services providers, ESMA must hear the persons concerned and base decisions only on findings they could comment on (with interim decisions allowed in urgent cases); rights of defence and access to the file are guaranteed, excluding confidential and internal preparatory documents.
Amendments and application dates
| Amending act | Change | Applies from |
|---|---|---|
| Regulation (EU) 2019/2175 | Provision inserted | by 1 Jan 2022 |
Commentary
No law-firm commentary is linked to this provision yet.
219 more documents relate to MiFIR as a whole without naming an article.
UK counterpart
- No UK counterpartExplicit reference
Inserted in the EU by Regulation (EU) 2019/2175 (by 1 Jan 2022), after exit.
Version history
- From 1 Jan 2022
Each entry is a consolidated version of the act on EUR-Lex in which this provision appears. The text itself is on the official site.