38As regards the assessment as to whether the proceedings and penalties concerned are criminal in nature, it must be noted that, according to the Court’s settled case-law, three criteria are relevant. The first is the legal classification of the offence under national law, the second is the intrinsic nature of the offence, and the third is the degree of severity of the penalty which the person concerned is liable to incur (see, to that effect, judgment of 22 March 2022, bpost, C‑117/20, EU:C:2022:202, paragraph 25 and the case-law cited).
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