2. — Directive 2009/81/EC of the European Parliament and of the Council of 13 July…

2.

Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security, and amending Directives 2004/17/EC and 2004/18/EC (Text with EEA relevance) · European Union

Alternative penalties must be effective, proportionate and dissuasive. Alternative penalties shall be: the imposition of fines on the contracting authority/entity, or, the shortening of the duration of the contract, Member States may confer on the review body broad discretion to take into account all the relevant factors, including the seriousness of the infringement, the behaviour of the contracting authority/entity and, in the cases referred to in Article 60(2), the extent to which the contract remains in force. The award of damages does not constitute an appropriate penalty for the purposes of this paragraph.

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Source: EUR-Lex (Cellar) · retrieved 2026-10-11 · Text as adopted (Official Journal); later amendments are not incorporated in this text.