Article 36d
Disclosure, nature, enforcement and allocation of fines and periodic penalty payments
1.
ESMA shall disclose to the public every fine and periodic penalty payment that has been imposed pursuant to Articles 36a and 36b, unless such disclosure to the public would seriously jeopardise the financial markets or cause disproportionate damage to the parties involved.
2.
Fines and periodic penalty payments imposed pursuant to Articles 36a and 36b shall be of an administrative nature.
3.
Fines and periodic penalty payments imposed pursuant to Articles 36a and 36b shall be enforceable.
Enforcement shall be governed by the rules of civil procedure in force in the State in the territory of which it is carried out. The order for its enforcement shall be appended to the decision without other formality than verification of the authenticity of the decision by the authority which the government of each Member State shall designate for that purpose and shall make known to ESMA and to the Court of Justice of the European Union.
When those formalities have been completed on application by the party concerned, the latter may proceed to enforcement in accordance with the national law, by bringing the matter directly before the competent body.
Enforcement may be suspended only by a decision of the Court of Justice of the European Union. However, the courts of the Member State concerned shall have jurisdiction over complaints that enforcement is being carried out in an irregular manner.
4.
The amounts of the fines and periodic penalty payments shall be allocated to the general budget of the European Union.