84In the assessment which is for the Court to carry out for the purposes of determining the amount of a penalty payment, the criteria which must be taken into consideration in order to ensure its coercive effect so that EU law is applied uniformly and effectively are, in principle, the duration and seriousness of the infringement and the ability to pay of the Member State in question. In applying those criteria, the Court must have regard, in particular, to the effects of the failure to fulfil its obligations on the public and private interests in question and to how urgent it is for the Member State concerned to be induced to fulfil its obligations (see, by analogy with Article 260(2) TFEU, judgment of 14 November 2018, Commission v Greece, C‑93/17, EU:C:2018:903, paragraph 120 and the case-law cited).
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