60Fourth and lastly, regarding the compatibility with EU law, and with Directive 2003/109 in particular, of a national provision which provides for a criminal penalty to be imposed on applicants for a social security, social assistance or social protection measure in the event of their false declaration regarding the conditions for accessing such a measure, the Court recalls that it is apparent from its settled case-law that a national penalty mechanism is not compatible with the provisions of Directive 2003/109 where it is imposed in order to ensure compliance with an obligation which itself does not comply with those provisions (see, to that effect, judgment of 26 April 2022, Landespolizeidirektion Steiermark (Maximum duration of internal border control), C‑368/20 and C‑369/20, EU:C:2022:298, paragraph 97 and the case-law cited).
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