83It should be noted that, in exercising its discretion in the matter, it is for the Court to set the penalty payment so that it is, first, appropriate to the circumstances and proportionate to the infringement established and the ability to pay of the Member State concerned (see, by analogy, judgments of 4 July 2000, Commission v Greece, C‑387/97, EU:C:2000:356, paragraph 90, and of 14 November 2018, Commission v Greece, C‑93/17, EU:C:2018:903, paragraph 118) and, second, does not exceed, in accordance with the second paragraph of Article 260(3) TFEU, the amount specified by the Commission.
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