keyboard_tab Digital Market Act 2022/1925 EN
BG CS DA DE EL EN ES ET FI FR GA HR HU IT LV LT MT NL PL PT RO SK SL SV print pdf
- 1 Article 32 Limitation periods for the imposition of penalties
- 1 Article 33 Limitation periods for the enforcement of penalties
CHAPTER I
SUBJECT MATTER, SCOPE AND DEFINITIONS
CHAPTER II
GATEKEEPERS
CHAPTER III
PRACTICES OF GATEKEEPERS THAT LIMIT CONTESTABILITY OR ARE UNFAIR
CHAPTER IV
MARKET INVESTIGATION
CHAPTER V
INVESTIGATIVE, ENFORCEMENT AND MONITORING POWERS
CHAPTER VI
FINAL PROVISIONS
- gatekeeper
- core platform service
- information society service
- digital sector
- online intermediation services
- online search engine
- online social networking service
- video-sharing platform service
- number-independent interpersonal communications service
- operating system
- web browser
- virtual assistant
- cloud computing service
- software application stores
- software application
- payment service
- technical service supporting payment service
- payment system for in-app purchases
- identification service
- end user
- business user
- ranking
- search results
- data
- personal data
- non-personal data
- undertaking
- control
- interoperability
- turnover
- profiling
- consent
- national court
- General
- Active end users
- Active business users
- Submission of information
- Specific definitions
- shall 15
- limitation 12
- period 12
- commission 10
- which 8
- penalty 5
- time 5
- decision 5
- payment 5
- periodic 5
- the 5
- pursuant 4
- infringement 4
- enforcement 4
- suspended 4
- penalties 4
- begin 3
- running 3
- action 3
- subject 3
- imposition 3
- article 3
- fine 3
- long 2
- each 2
- court 2
- fines 2
- justice 2
- interruption 2
- start 2
- enforce 2
- from 2
- payments 2
- afresh 2
- interrupt 2
- however 2
- proceedings 2
- periods 2
- articles 2
- and 2
- time 2
- taken 2
- request 1
- acting 1
- during 1
- extended 1
- twice 1
- imposed 1
- paragraph 1
- without 1
Article 32
Limitation periods for the imposition of penalties
1. The powers conferred on the Commission by Articles 30 and 31 shall be subject to a 5 year limitation period.
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 for the purpose of a market 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) | requests for information by the Commission; |
| (b) | written authorisations to conduct inspections issued to its officials by the Commission; |
| (c) | the opening of a proceeding by the Commission pursuant to Article 20. |
4. 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 5.
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.
Article 33
Limitation periods for the enforcement of penalties
1. The power of the Commission to enforce decisions taken pursuant to Articles 30 and 31 shall be subject to a limitation period of 5 years.
2. Time shall begin to run from 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; or |
| (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; or |
| (b) | enforcement of payment is suspended pursuant to a decision of the Court of Justice or to a decision by a national_court. |
whereas