36The freedom of choice of Member States is, moreover, limited by the PFI Convention. Under Article 2(1) of that convention, Member States must take the necessary measures to ensure that fraud affecting the financial interests of the European Union, as defined in Article 1(1) of the convention, including VAT fraud (judgment of 8 September 2015, Taricco and Others, C‑105/14, EU:C:2015:555, paragraph 41), is punishable by criminal penalties, including, at least in cases of serious fraud, namely those involving a minimum amount which may not be set by Member States at a sum exceeding EUR 50000, penalties involving deprivation of liberty which can give rise to extradition.
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