Does the expiry of the limitation period for irregularities in an EU project protect against the obligation to repair damage?

• Does the statute of limitations on irregularities in an EU-funded project protect against the obligation to repair the damage?

In projects co-financed by the EU, financial irregularities can have serious — even criminal — consequences. But what if the irregularity becomes time-barred?

Can the court still impose an obligation to repair the damage?

In principle, yes. The court may order compensation based on Article 46 § 1 of the Penal Code. However, if the irregularity is already time-barred, such a ruling may be inadmissible.

• In an article published in the monthly journal “Prosecutor’s Office and Law” (No. 5, May 2025), Prof. Rafał Poździk, PhD, DLitt analyzes the impact of limitation periods on the possibility of issuing such rulings and argues that after the statute of limitations has expired, there are no grounds for ordering compensation through criminal proceedings.
• Importantly — the court does not “replace” EU institutions, but its decision may influence administrative rulings.

Working with EU-funded projects? This is a topic worth knowing. We encourage you to read the full article.

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