97In that regard, it is sufficient to point out that, as the Court has held, a penalty mechanism is not compatible with the provisions of the Schengen Borders Code where it is imposed in order to ensure compliance with an obligation to undergo checks which itself does not comply with those provisions (see, to that effect, judgment of 13 December 2018, Touring Tours und Travel and Sociedad de Transportes, C‑412/17 and C‑474/17, EU:C:2018:1005, paragraph 72).
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