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Directive 2009/81/EC of the European Parliament and of the CouncilShow full title
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)
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Article 61Infringements of this Title and alternative penalties
1.In the case of an infringement of Article 55(6), Article 56(3) or Article 57(2) which is not covered by Article 60(1)(b), Member States shall provide for ineffectiveness in accordance with Article 60(1) to (3), or for alternative penalties. Member States may provide that the review body independent of the contracting authority/entity shall decide, after having assessed all relevant aspects, whether the contract should be considered ineffective or whether alternative penalties should be imposed.
2.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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