Limitation period for the recovery of aid
1. The powers of the Commission to recover aid shall be subject to a limitation period of 10 years.
2. The limitation period shall begin on the day on which the unlawful aid is awarded to the beneficiary either as individual aid or as aid under an aid scheme. Any action taken by the Commission or by a Member State, acting at the request of the Commission, with regard to the unlawful aid shall interrupt the limitation period. Each interruption shall start time running afresh. The limitation period shall be suspended for as long as the decision of the Commission is the subject of proceedings pending before the Court of Justice of the European Union.
3. Any aid with regard to which the limitation period has expired shall be deemed to be existing aid.
Limitation period for the imposition of fines and periodic penalty payments
1. The powers conferred on the Commission by Article 8 shall be subject to a limitation period of 3 years.
2. The period provided for in paragraph 1 shall start on the day on which the infringement referred to in Article 8 is committed. However, in the case of continuing or repeated infringements, the period shall begin on the day on which the infringement ceases.
3. Any action taken by the Commission for the purpose of the investigation or proceedings in respect of an infringement referred to in Article 8 shall interrupt the limitation period for the imposition of fines or periodic penalty payments, with effect from the date on which the action is notified to the undertaking or association of undertakings concerned.
4. After each interruption, the limitation period shall start running afresh. However, the limitation period shall expire at the latest on the day on which a period of 6 years has elapsed without the Commission having imposed a fine or a periodic penalty payment. That period shall be extended by the time during which the limitation period is suspended in accordance with paragraph 5 of this Article.
5. 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 of the European Union.
Limitation periods for the enforcement of fines and periodic penalty payments
1. The powers of the Commission to enforce decisions adopted pursuant to Article 8 shall be subject to a limitation period of 5 years.
2. The period provided for in paragraph 1 shall start on the day on which the decision taken pursuant to Article 8 becomes final.
3. The limitation period provided for in paragraph 1 of this Article shall be interrupted:
(a)
by notification of a decision modifying the original amount of the fine or periodic penalty payment or refusing an application for modification;
(b)
by any action of a Member State, acting at the request of the Commission, or of the Commission, intended to enforce payment of the fine or periodic penalty payment.
4. After each interruption, the limitation period shall start running afresh.
5. The limitation period provided for in paragraph 1 shall be suspended for so long as:
(a)
the respondent is allowed time to pay;
(b)
the enforcement of payment is suspended pursuant to a decision of the Court of Justice of the European Union.
