Chapter V, Article 36, Point (5) · Directive (EU) 2026/1021

Contents

(5)Article 9 is replaced by the following:‘Article 9Penalties for legal persons1.Member States shall take the necessary measures to ensure that a legal person held liable pursuant to Article 6 is punishable by effective, proportionate and dissuasive criminal or non-criminal penalties or measures.2.Member States shall take the necessary measures to ensure that penalties or measures for legal persons held liable pursuant to Article 6 of this Directive shall include criminal or non-criminal fines, the amount of which shall be proportionate to the gravity of the conduct and to the individual, financial and other circumstances of the legal person concerned, and may include other criminal or non-criminal penalties or measures that are proportionate to the gravity of the conduct, such as those referred to in Article 14(2) of Directive (EU) 2026/1021.Insofar as legal persons are held liable pursuant to Article 6(1) of this Directive, for the criminal offences referred to Articles 4(2) and (3) of this Directive, Article 14(3) of Directive (EU) 2026/1021 is applicable.’;