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EU · MiFIR · TITLE VIa ESMA POWERS AND COMPETENCES · CHAPTER 2 Administrative sanctions and other administrative measures

Article 38l MiFIRHearing of the persons concerned

In force
Read the official text on EUR-Lex(opens in a new tab)
AI-generated What this provision does

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 actChangeApplies from
Regulation (EU) 2019/2175Provision insertedby 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

  1. 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.