Failure to pay within the time-limit

Failure to pay (Fines, etc.) within the time-limit

DG Budget is responsible for the recovery of fines and periodic penalty payments.

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If the fine is not discharged within the deadline set by the decision (and assuming the exceptions above do not apply), the Accounting Officer first proceeds with a letter of formal notice.

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If the fine remains unpaid after the sending of the letter of formal notice, DG Budget will launch the enforcement procedure (“exécution forcée”). Article 299 TFEU reads as follows: “Acts of (…)the Commission (…) which impose a pecuniary obligation on persons other than States, shall be enforceable. Enforcement shall be governed by the rules of civil procedure in force in the State in the territory of which it is carried out. The order for its enforcement shall be appended to the decision, without other formality than verification of the authenticity of the decision, by the national authority which the government of each Member State shall designate for this purpose and shall make known to the Commission and to the Court of Justice. When these formalities have been completed on application by the party concerned, the latter may proceed to enforcement in accordance with the national law, by bringing the matter directly before the competent authority.”

Resources

See Also

References

• Information about Failure to pay within the time-limit in the Antitrust Manual of Procedures for the application of Articles 101 and 102 TFEU (Internal DG Competition)

Further Reading

• Information about Failure to pay within the time-limit in EU Competition Procedure, 3rd. Edition, Edited by Luis Ortiz Blanco (Oxford University Press)