Judgment_paragraph 36 · PJ v Agenzia delle dogane e dei monopoli - Ufficio dei monopoli per la Toscana and Ministero dell'Economia e delle Finanze (C-452/20)

36According to settled case-law, in the absence of harmonisation of EU legislation in the field of penalties applicable where conditions laid down by arrangements under such legislation are not complied with, Member States are empowered to choose the penalties which seem to them to be appropriate. They must, however, exercise their powers in accordance with EU law and its general principles, and, consequently in accordance with the principle of proportionality (see, to that effect, judgment of 6 October 2021, ECOTEX BULGARIA, C‑544/19, EU:C:2021:803, paragraph 84 and the case-law cited).