95The Commission’s proposals regarding the periodic penalty payment cannot bind the Court and are merely a useful point of reference. Similarly, guidelines such as those set out in the Commission’s communications are not binding on the Court but rather contribute to ensuring that the Commission’s own actions are transparent, foreseeable and consistent with legal certainty when that institution makes proposals to the Court. In proceedings under Article 260(2) TFEU relating to a failure to fulfil obligations on the part of a Member State that has persisted notwithstanding the fact that that same failure to fulfil obligations has already been established in a first judgment delivered under Article 258 TFEU or Article 108(2) TFEU, the Court must remain free to set the penalty payment to be imposed in an amount and in a form that the Court considers appropriate for the purposes of inducing that Member State to bring to an end its failure to comply with the obligations arising under that first judgment of the Court (see judgment of 14 November 2018, Commission v Greece, C‑93/17, EU:C:2018:903, paragraph 119 and the case-law cited).
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