Article 130 Limitation periods for imposing administrative penalties

1.   The ECB’s power to impose administrative penalties on supervised entities shall be subject to a limitation period of five years, which shall begin to run on the day on which the breach is committed. In the case of on-going or repeated breaches, the limitation period shall begin to run on the day on which the breach ceases.

2.   Any action taken by the ECB for the purposes of the investigation or proceedings in respect of a breach under Article 124 shall cause the limitation period for imposing administrative pecuniary penalties to be interrupted. The limitation period shall be interrupted with effect from the date on which the action is notified to the supervised entity concerned.

3.   Each interruption shall cause the limitation period to begin to run afresh. However, the limitation period shall expire at the latest on the day on which a period equal to twice the duration of the limitation period has elapsed without the ECB having imposed an administrative penalty. That period shall be extended by any period of time for which the limitation period is suspended pursuant to paragraph 5.

4.   The limitation period for imposing administrative penalties shall be suspended for any period during which the decision of the ECB’s Governing Council is subject to review proceedings before the Administrative Board of Review or appeal proceedings before the Court of Justice.

5.   The limitation period shall also be suspended for such period as criminal proceedings are pending against the supervised entity in connection with the same facts.