94In exercising its discretion, it is for the Court to set the penalty payment at a level that is both appropriate to the circumstances and proportionate to the infringement established and to the ability to pay of the Member State concerned (judgments of 11 December 2012, Commission v Spain, C‑610/10, EU:C:2012:781, paragraph 118 and the case-law cited; of 22 February 2018, Commission v Greece, C‑328/16, EU:C:2018:98, paragraph 90 and the case-law cited; and of 12 March 2020, Commission v Italy (Unlawful aid granted to the hotel industry in Sardinia), C‑576/18, not published, EU:C:2020:202, paragraph 148 and the case-law cited).
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