Source: OJ L 265, 12.10.2022, pp. 1–66Consolidated text

Current language: EN

Article 33 Limitation periods for the enforcement of penalties


Summary What does Article 33 of the DMA regulation say?

This article establishes the time limits within which the Commission can enforce its penalty decisions, specifically those taken under Articles 30 and 31 concerning fines and periodic penalty payments.

It sets a 5-year enforcement limitation period and then details the specific circumstances that either interrupt that period (resetting the clock entirely) or suspend it (pausing it temporarily).

It acts as a companion to Article 32, which governs the limitation period for imposing penalties, whereas Article 33 governs what happens after a penalty decision has already been made final.

Important points:

  • The Commission has 5 years from the date a decision becomes final to enforce fines or periodic penalty payments imposed under Articles 30 and 31.
  • The 5-year clock restarts each time it is interrupted, which can occur through notification of a decision varying the penalty amount or any enforcement action taken by the Commission or a Member State at the Commission's request.
  • The limitation period is suspended, rather than reset, for as long as a time to pay is granted or enforcement is suspended by a decision of the Court of Justice or a national court.

Springlex's summary of the article is a reading aid, not a substitute for the legal text.

    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.

    1. Time shall begin to run from the day on which the decision becomes final.

    1. The limitation period for the enforcement of penalties shall be interrupted:

      1. by notification of a decision varying the original amount of the fine or periodic penalty payment or refusing an application for variation; or

      2. 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.

    1. Each interruption shall start time running afresh.

    1. The limitation period for the enforcement of penalties shall be suspended for so long as:

      1. time to pay is allowed; or

      2. enforcement of payment is suspended pursuant to a decision of the Court of Justice or to a decision by a national court.

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