67Subject to those observations, it must be borne in mind that, in the absence of harmonisation of the Community legislation in the field of the penalties applicable where conditions laid down by arrangements under such legislation are not observed, the Member States are empowered to choose the penalties which seem appropriate to them. They must, however, exercise that power in accordance with Community law and its general principles, and consequently with the principle of proportionality (see, in particular, Case C-210/91 Commission v Greece, cited above, paragraph 19, and the case-law cited therein; Case C-36/94 Siesse [1995] ECR I-3573, paragraph 21; and Case C-213/99 De Andrade [2000] ECR I-11083, paragraph 20). The administrative measures or penalties must not go beyond what is strictly necessary for the objectives pursued and a penalty must not be so disproportionate to the gravity of the infringement that it becomes an obstacle to the freedoms enshrined in the Treaty (see, to that effect, Case C-210/91 Commission v Greece, cited above, paragraph 20).
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.