39According to settled case-law, in the absence of harmonisation of EU legislation in the field of penalties applicable 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 EU law and its general principles, and consequently in accordance with the principle of proportionality (see, in particular, judgments of 9 February 2012, Urbán, C‑210/10, EU:C:2012:64, point 23, and of 19 October 2016, EL-EM-2001, C‑501/14, EU:C:2016:777, paragraph 37).
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