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Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council of 23 September 2024 on the financial rules applicable to the general budget of the Union (recast) article 141 CELEX: 32024R2509 Duration of exclusion and limitation period
1. The duration of exclusion shall not exceed any of the following: (a) the duration, if any, set by the final judgment or the final administrative decision of a Member State; (b) in the absence of a final judgment or a final administrative decision: (i) five years for the cases referred to in Article 138(1), points (d) and (i); (ii) three years for the cases referred to in Article 138(1), points (c) and (e) to (h). A person or entity referred to in Article 137(2) shall be excluded as long as it is in one of the exclusion situations referred to in Article 138(1), points (a) and (b). |
Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council of 23 September 2024 on the financial rules applicable to the general budget of the Union (recast) article 141 CELEX: 32024R2509 2. The limitation period for excluding and/or imposing financial penalties on a person or entity referred to Article 137(2) shall be five years calculated from any of the following: (a) the date of the conduct giving rise to exclusion or, in the case of continued or repeated acts, the date on which the conduct ceases, in the cases referred to in Article 138(1), points (b) to (e), (g), (h) and (i); (b) the date of the final judgment of a national jurisdiction or of the final administrative decision in the cases referred to in Article 138(1), points (b), (c), (d), (g), (h) and (i). The limitation period shall be interrupted by an act of a national authority, of the Commission, of OLAF, of the EPPO in respect of those Member States participating in enhanced cooperation pursuant to Regulation (EU) 2017/1939, of the panel referred to in Article 145 of this Regulation or of any entity involved in budget implementation, if such an act is notified to the person or entity referred to in Article 137(2) of this Regulation and is relating to investigations or judicial proceedings. A new limitation period shall begin to run on the day following the interruption. For the purpose of Article 138(1), point (f), of this Regulation, the limitation period to exclude a person or entity referred to in Article 137(2) of this Regulation and/or impose financial penalties on a recipient provided for in Article 3 of Regulation (EC, Euratom) No 2988/95 shall apply. Where the conduct of a person or entity referred to in Article 137(2) of this Regulation concerned qualifies under several of the grounds listed in Article 138(1) of this Regulation, the limitation period applicable to the most serious of those grounds shall apply. |