Questão jurídica principal
Whether the EBK could grant mutual assistance to the German market supervisor despite objections about secrecy and sufficient suspicion.
Decisão extraída
Yes. The German authority qualified as an eligible foreign supervisory authority, and the request was sufficiently concrete and proportionate for supervisory mutual assistance.
Fundamentação extraída
The court accepted the German authority's assurances on specialty and the long-hand principle, noting that potential onward transmission to prosecutors did not preclude assistance. The transaction's timing, size, and market context gave enough basis for supervisory clarification, without requiring proof of insider trading at this stage.