40However, the principle of proportionality has to be observed, not only as regards the determination of factors constituting an infringement, but also the determination of the rules concerning the severity of fines and the assessment of the factors which may be taken into account in the fixing of those fines (judgment of 9 February 2012, Urbán, C‑210/10, EU:C:2012:64, paragraphs 53 and 54).
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