Jakub Michalik authorisation to join Euronext
Dear Madam, Sir,
Article 16 of the Staff Regulations states: "Officials intending to engage in an occupational activity, whether gainful or not, within two years of leaving the service shall inform their institution thereof using a specific form. If that activity is related to the work carried out by the official during the last three years of service and could lead to a conflict with the legitimate interests of the institution, the appointing authority may, having regard to the interests of the service, either forbid him from undertaking it or give its approval subject to any conditions it thinks fit. The appointing authority shall, after consulting the Joint Committee, notify its decision within 30 working days of being so informed. If no such notification has been made by the end of that period, this shall be deemed to constitute implicit acceptance."
Dr. Jakub Michalik was an official at the European Securities and Markets Authority for 11 years, and within two years of leaving ESMA started an occupational activity at Euronext.
Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting documents which contain the following information:
- All documents, including but not limited to e-mails, letters, notes, forms, related to any notification by Jakub Michalik made under Article 16 of the EU staff regulations, any assessments by the Appointing Authority of the notification, its potential permission(s), and any restrictions put on Mr Michalik.
- If no such notification exists in this case, all documents related to Mr Michalik's career move to Euronext
Only digital copies are required, please consider the environment by not sending me any physical mail.
I am of course available to clarify my request further if needed.
I acknowledge that parts of the requested documents may contain personal data. However, I believe there is a specific purpose in the public interest for releasing the information.
The provisions on post-employment occupational activities (article 16), of the EU's staff regulations have been introduced to prevent conflicts of interests, and to assure EU citizens that EU staff serve in the public interest.
However, those provisions alone are not always sufficient to guarantee that they are followed. This can sometimes only be determined if investigative journalists like myself have access to related documents.
A prime example of this, is the case of former European Defence Agency Chief Executive Jorge Domecq. In the 12 months after his departure from the EDA, he took a senior position at Airbus, in a role that included lobbying. It was only after my access to documents request to the EDA, that it could be estbalished that Mr Domecq had not received permission from the High Representative *before* starting his new position, and that he had violated the staff regulations.
This article triggered the European Ombudsman to open an investigation into the authorisation procedure. The Ombudsman concluded the case (OI/3/2021/KR ) with a finding of maladministration by the EDA. Furthermore, the Ombudsman gave the EDA recommendations on how to prevent future risks of conflict with the EDA's legitimate interest. The EDA followed a number of these recommendations, improving the process.
In short, the transparency of the documents on the application of the provisions of Article 16 of the staff regulations, led to a more robust legal framework that may help prevent future breaches. This clearly constitutes as a valid purpose in the public interest.
Sincerely
Peter Teffer
Follow the Money
Overtoom 197
1054HT Amsterdam
The Netherlands
Dear sender,
Thank you for your message and interest in ESMA. Your input is highly
valued, and we have taken note of the points raised. ESMA endeavours to
reply within two months to factual queries received.
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also aware that ESMA's name and logo are falsely used to promote frauds
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request for personal details. If you have received such communication, we
encourage you to cease all interactions with your correspondent and to
report your case to domestic law enforcement authorities (such as your
local police force).
Best regards,
ESMA
Dear sender,
Thank you for your message and interest in ESMA. Your input is highly
valued, and we have taken note of the points raised. ESMA endeavours to
reply within two months to factual queries received.
More information on ESMA’s investor protection work is available on our
webpage: https://www.esma.europa.eu/investor-corn....
You will find an overview of answers to previous questions relating to the
application and implementation of legislative acts within ESMA’s remit on
our dedicated webpage: https://www.esma.europa.eu/questions-and....
Please note that ESMA does not provide legal or investment advice. We are
also aware that ESMA's name and logo are falsely used to promote frauds
and scams. These aim to illegally obtain money directly or through the
request for personal details. If you
have received such communication, we encourage you to cease all
interactions with your correspondent and to report your case to domestic
law enforcement authorities (such as your local police force).
Best regards,
ESMA
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2. mailto:[email address]
3. mailto:[email address]
Dear sender,
Thank you for your message and interest in ESMA. Your input is highly
valued, and we have taken note of the points raised. ESMA endeavours to
reply within two months to factual queries received.
More information on ESMA’s investor protection work is available on our
webpage: [1]https://www.esma.europa.eu/investor-corn....
You will find an overview of answers to previous questions relating to the
application and implementation of legislative acts within ESMA’s remit on
our dedicated webpage:
[2]https://www.esma.europa.eu/publications-....
Please note that ESMA does not provide legal or investment advice. We are
also aware that ESMA's name and logo are falsely used to promote frauds
and scams. These aim to illegally obtain money directly or through the
request for personal details. If you have received such communication, we
encourage you to cease all interactions with your correspondent and to
report your case to domestic law enforcement authorities (such as your
local police force).
Best regards,
ESMA
Any email from the European Securities and Markets Authority (ESMA) is
sent in good faith, but shall neither be binding nor construed as
constituting a commitment by ESMA except where provided for in a written
agreement. This email is intended only for the use of the recipient(s)
named above. Any unauthorised disclosure, use or dissemination, either in
whole or in part, is prohibited. If you have received this email in error,
please notify the sender immediately via email and delete this email from
your system.
This communication and any attachments may contain personal information.
ESMA processes personal data in line with Regulation (EU) 2018/1725 and
Decision ESMA40-133-716. For more information, please see ESMA's Data
Protection Statement on [3]https://www.esma.europa.eu/data-protection. In
case of queries, please consult ESMA's Data Protection Officer
([4][email address]). You may also contact the European Data Protection
Supervisor ([5][email address]).
Please consider the environment before printing this email.
References
Visible links
1. https://www.esma.europa.eu/investor-corn...
2. https://www.esma.europa.eu/publications-...
3. https://www.esma.europa.eu/data-protection
4. mailto:[email address]
5. mailto:[email address]
Dear Peter Teffer,
We are writing with reference to the request for access to documents
below, which you submitted to ESMA on 27 June 2025 and by which you
requested to get access to the following:
“- All documents, including but not limited to e-mails, letters, notes,
forms, related to any notification by Jakub Michalik made under Article 16
of the EU staff regulations, any assessments by the Appointing Authority
of the notification, its potential permission(s), and any restrictions put
on Mr Michalik.
- If no such notification exists in this case, all documents related to Mr
Michalik's career move to Euronext”
In response to your request, please find attached the documents that ESMA
identified as falling within the scope of the request. Personal data
unrelated to the purposes of the request have been redacted.
For background, you may find it helpful to consult section 7.8 of the
[1]Conflicts of interest and ethics policy, applicable to ESMA staff and
detailing among other things the steps of the process underlying the
attached documents, as well as the relevant substantive assessment
framework.
We trust that this response satisfies your request.
Kind regards,
Chrysi Raftogianni
Chrysi Raftogianni
[2][IMG] Legal Officer
[3]A white x on a
black background Legal Unit, Legal and Enforcement Department
Description 201-203 rue de Bercy, 75012 Paris - France
automatically
generated[4][IMG] Email: [5][email address]
[6]www.esma.europa.eu