24In addition, where the national court has, of its own motion, found that there has been a failure to comply with that obligation, it is obliged, without waiting for the consumer to make an application to that effect, to draw all the consequences arising under national law from that failure, provided always that there has been compliance with the principle of audi alteram partem and that the penalties laid down in national law satisfy the requirements of Article 23 of Directive 2008/48, as interpreted by the Court (see, to that effect, judgment of 21 April 2016, Radlinger and Radlingerová, C‑377/14, EU:C:2016:283, paragraphs 71, 73 and 74). In this respect, it must be observed that Article 23 of that directive provides, first, that the system of penalties applicable in the event of infringement of the national provisions adopted pursuant to Article 8 of that directive must be established in such a way as to ensure that the penalties are effective, proportionate and dissuasive and, second, that the Member States are to take all measures necessary to ensure that they are implemented. Within those limits, the choice of penalties remains within the discretion of the Member States (see, to that effect, judgment of 27 March 2014, LCL Le Crédit Lyonnais, C‑565/12, EU:C:2014:190, paragraph 43).
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