Source: OJ L, 2024/1620, 19.6.2024Current language: EN
- Anti-money laundering
Basic legislative acts
- Anti-money laundering authority regulation (AMLAR)
Article 26 Enforcement of pecuniary sanctions and periodic penalty payments and allocation of the amounts of those sanctions and payments
Summary What does Article 26 of the Anti-money laundering authority regulation (AMLAR) say?
This article deals with the enforceability of the financial penalties established in Articles 22 and 23, setting out the practical mechanics of how those sanctions are actually collected and what happens to the money.
It establishes that enforcement is handled through national civil procedure rules, while preserving a specific role for the Court of Justice of the European Union as the only body that can suspend enforcement.
Important points:
- Pecuniary sanctions and periodic penalty payments imposed on selected obliged entities are directly enforceable through national civil procedure rules, with only a simple authenticity check required before enforcement can proceed.
- Only the Court of Justice of the European Union can suspend enforcement, though national courts retain jurisdiction over complaints about irregular enforcement.
- All amounts collected from pecuniary sanctions and periodic penalty payments go to the general budget of the Union.
Springlex's summary of the article, a reading aid, not a substitute for the legal text.
Pecuniary sanctions and periodic penalty payments imposed pursuant to Articles 22 and 23 shall be enforceable.
Enforcement shall be governed by the rules of civil procedure in force in the Member State in the territory of which enforcement is carried out. The order for enforcement shall be appended to the decision to impose pecuniary sanctions or periodic penalty payments pursuant to Articles 22 and 23 without any formality other than verification of the authenticity of the decision by the authority which the government of each Member State shall designate for that purpose and shall make known to the Authority and to the Court of Justice of the European Union.
When those formalities have been completed on application by the party concerned, that party may proceed to enforcement in accordance with national law, by bringing the matter directly before the competent body.
Enforcement may be suspended only by a decision of the Court of Justice of the European Union. However, the courts of the Member State concerned shall have jurisdiction over complaints that enforcement is being carried out in an irregular manner.
The amounts of the pecuniary sanctions and periodic penalty payments collected shall be allocated to the general budget of the Union.
Springlex and this text is meant purely as a documentation tool and has no legal effect. No liability is assumed for its content. The authentic version of this act is the one published in the Official Journal of the European Union.