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Council Regulation (EC) No 1/2003 CHAPTER VII — LIMITATION PERIODS

Article 25–Article 26 · 2 articles

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Article 25

Limitation periods for the imposition of penalties 1. The powers conferred on the Commission by Articles 23 and 24 shall be subject to the following limitation periods: (a) three years in the case of infringements of provisions concerning requests for information or the conduct of inspections; (b) five years in the case of all other infringements. 2. Time shall begin to run on the day on which the infringement is committed. However, in the case of continuing or repeated infringements, time shall begin to run on the day on which the infringement ceases. 3. Any action taken by the Commission or by the competition authority of a Member State for the purpose of the investigation or proceedings in respect of an infringement shall interrupt the limitation period for the imposition of fines or periodic penalty payments. The limitation period shall be interrupted with effect from the date on which the action is notified to at least one undertaking or association of undertakings which has participated in the infringement. Actions which interrupt the running of the period shall include in particular the following: (a) written requests for information by the Commission or by the competition authority of a Member State; (b) written authorisations to conduct inspections issued to its officials by the Commission or by the competition authority of a Member State; (c) the initiation of proceedings by the Commission or by the competition authority of a Member State; (d) notification of the statement of objections of the Commission or of the competition authority of a Member State. 4. The interruption of the limitation period shall apply for all the undertakings or associations of undertakings which have participated in the infringement. 5. Each interruption shall start time running afresh. However, the limitation period shall expire at the latest on the day on which a period equal to twice the limitation period has elapsed without the Commission having imposed a fine or a periodic penalty payment. That period shall be extended by the time during which limitation is suspended pursuant to paragraph 6. 6. The limitation period for the imposition of fines or periodic penalty payments shall be suspended for as long as the decision of the Commission is the subject of proceedings pending before the Court of Justice.

Article 26

Limitation period for the enforcement of penalties 1. The power of the Commission to enforce decisions taken pursuant to Articles 23 and 24 shall be subject to a limitation period of five years. 2. Time shall begin to run on the day on which the decision becomes final. 3. The limitation period for the enforcement of penalties shall be interrupted: (a) by notification of a decision varying the original amount of the fine or periodic penalty payment or refusing an application for variation; (b) by any action of the Commission or of a Member State, acting at the request of the Commission, designed to enforce payment of the fine or periodic penalty payment. 4. Each interruption shall start time running afresh. 5. The limitation period for the enforcement of penalties shall be suspended for so long as: (a) time to pay is allowed; (b) enforcement of payment is suspended pursuant to a decision of the Court of Justice. CHAPTER VIII HEARINGS AND PROFESSIONAL SECRECY

Back to Council Regulation (EC) No 1/2003 — full text

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Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.

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