44That directive does not expressly provide for a system of penalties in the event of infringement of the obligations in Article 213(1) thereof. It is settled case-law that, in the absence of harmonisation of European Union legislation in the field of penalties applicable in cases where conditions laid down by arrangements under that legislation are not complied with, Member States are empowered to choose the penalties which seem to them to be appropriate. They must, however, exercise that power in accordance with European Union law and its general principles, and consequently with the principle of proportionality (see 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).
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