Source: OJ L, 2024/1504, 30.5.2024

Current language: EN

Article 7 Limitation periods for the enforcement of penalties


Summary What does Article 7 of the Fines and penalties of the EBA say?

Article 7 governs the time limits within which the EBA can enforce its penalty decisions — specifically those relating to fines and periodic penalty payments.

It is the enforcement counterpart to Article 6, which deals with limitation periods for imposing penalties in the first place.

Here, the focus shifts to what happens after a decision has already been made final: how long the EBA has to actually collect on it, and what events can pause or reset that clock.

Important points:

  • The EBA has a five-year limitation period to enforce final penalty decisions, starting the day after the decision becomes final.
  • The limitation period restarts each time the EBA or a competent authority acting at the EBA's request takes any action to enforce payment of a fine or periodic penalty payment.
  • The limitation period is suspended when time to pay is granted, or when enforcement is suspended due to a pending appeal before the EBA Board of Appeal or a review by the Court of Justice of the European Union.

Springlex's summary of the article, a reading aid, not a substitute for the legal text.

    1. The power of the EBA to enforce decisions taken pursuant to Articles 131 and 132 of Regulation (EU) 2023/1114 shall be subject to a limitation period of five years.

    1. The limitation period referred to in paragraph 1 shall be calculated from the day following that on which the decision becomes final.

    1. The limitation period for the enforcement of penalties shall be interrupted by any action of EBA, or of a competent authority acting at the request of the EBA, in accordance with Article 138 of Regulation (EU) 2023/1114, designed to enforce payment or payment terms and conditions of the fine or periodic penalty payment.

    1. Each interruption referred to in paragraph 3 shall restart the limitation period.

    1. The limitation period for the enforcement of penalties shall be suspended for so long as:

      1. time to pay is allowed;

      2. enforcement of payment is suspended pursuant to a pending decision of the EBA Board of Appeal in accordance with Article 60 of Regulation (EU) No 1093/2010, and a review by the Court of Justice of the European Union in accordance with Article 136 of Regulation (EU) 2023/1114.

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