53In those circumstances, it is necessary to point out that, in the absence of harmonisation of the Community legislation in the field of 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, to that effect, Case 68/88 Commission v Greece [1989] ECR 2965, paragraph 23, Case C-210/91 Commission v Greece [1992] ECR I-6735, paragraph 19, and Case C-36/94 Siesse [1995] ECR I-3573, paragraph 21).
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.