Judgment_paragraph 96 · European Commission v United Kingdom of Great Britain and Northern Ireland (C-692/20)

96The imposition of a lump sum payment and the fixing of that sum must depend in each individual case on all the relevant factors relating both to the characteristics of the established infringement and to the conduct of the Member State involved in the procedure initiated under Article 260 TFEU. In that regard, that provision confers a wide discretion upon the Court in deciding whether or not to impose such a penalty and determining, if necessary, its amount. In addition, it is for the Court, in the exercise of its discretion, to fix the lump sum in an amount appropriate to the circumstances and proportionate to the infringement. Relevant factors in that regard include the seriousness of the established infringement, its duration since the delivery of the judgment establishing the infringement and the Member State’s ability to pay (see, to that effect, judgment of 12 November 2019, Commission v Ireland (Derrybrien wind farm), C‑261/18, EU:C:2019:955, paragraphs 113 and 114 and the case-law cited).