Waiver of fines

Situations where a waiver of fines may be decided

Article 87(1) of the Implementing Rules provides that: “the authorising officer responsible may waive recovery of all or part of an established amount receivable only in the following cases: (a) where the foreseeable cost of recovery would exceed the amount to be recovered and the waiver would not harm the Community's image; (b) where the amount receivable cannot be recovered in view of its age or the insolvency of the debtor; (c) where recovery is inconsistent with the principle of proportionality.”

More about Waiver of fines

With regard to fines and periodic penalty payments, it is generally in the situation of the liquidation of the debtor that the recovery of a fine could be waived if the necessary conditions are fulfilled and after careful examination and consultation with DG Budget and the Legal Service.

More about the Subject

The waiver may concern all or part of the fine (for instance, the undertaking may have already paid a part of the fine; only the recovery of the remainder – and of the default interests – would then be waived).

Resources

See Also

References

• Information about Waiver of fines in the Antitrust Manual of Procedures for the application of Articles 101 and 102 TFEU (Internal DG Competition)

Further Reading

• Information about Waiver of fines in EU Competition Procedure, 3rd. Edition, Edited by Luis Ortiz Blanco (Oxford University Press)