77Accordingly, for a Member State to impose a severe penalty, whether criminal or administrative, such as a custodial sentence or a heavy fine, on a driver, such as I, who had the right to drive in another Member State, but who had not yet been issued with a driving licence conforming to the requirements of the model driving licence of Directive 2006/126, would be disproportionate to the seriousness of the facts at issue in the main proceedings and thus undermine the right of that driver to move and reside freely in the territory of the Member States, conferred on citizens of the Union by Article 21 TFEU, or the fundamental freedoms under Articles 45, 49 and 56 TFEU. By contrast, to impose a minor penalty, such as an administrative fine in a reasonable amount would not be disproportionate.
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