Judgment_paragraph 89 · Proceedings brought by B (C-439/19)

89As regards the criterion relating to the intrinsic nature of the offence, it must be ascertained whether the penalty at issue has a punitive purpose and the mere fact that it also pursues a deterrent purpose does not mean that it cannot be characterised as a criminal penalty. It is of the very nature of criminal penalties that they seek both to punish and to deter unlawful conduct. By contrast, a measure which merely repairs the damage caused by the offence at issue is not criminal in nature (see, to that effect, judgments of 5 June 2012, Bonda, C‑489/10, EU:C:2012:319, paragraph 39, and of 20 March 2018, Garlsson Real Estate and Others, C‑537/16, EU:C:2018:193, paragraph 33). It is not in dispute that the giving of penalty points for road traffic offences, and also the fines or other penalties to which the commission of those offences may give rise, are not intended only to repair any harm caused by those offences but also have a punitive purpose.