On the legal status of the decisions of European supervisory authorities

European Supervisory Authorities’ decisions were, from the outset, of particular doctrinal interest, especially in the context of the formal legitimacy to issue them. There are questions as to whether the Agency’s competences in this field should be more on a clearer (than Article 114 TFEU) basis in the primary law of the European Union. It is not surprising that, in 2012, the Court of Justice of the European Union received an action for annulment of the provision of secondary legislation authorizing European Securities and Markets Authority to issue binding decisions prohibiting or restricting short selling of certain financial instruments. Although the proceedings in the case C‑270/12 were completed, it is necessary to make a few comments on the direction of the settlement. The starting point of this is the Court of Justice of the European Union decision in the case Pringle – a key judgment relating to the EU system