81Third, as regards the ability to pay of the Member State at issue, it is clear from case-law that, without prejudice to the possibility for the Commission to propose financial penalties which are based on multiple criteria, with a view, in particular, to allowing a reasonable gap between the various Member States to be maintained, it is necessary to rely on the GDP of that State as the predominant factor for the purpose of assessing its ability to pay and for the fixing of penalties that are sufficiently dissuasive and proportionate in order effectively to prevent a repeat of similar infringements of EU law in the future (judgments of 20 January 2022, Commission v Greece (Recovery of State aid – Ferronickel), C‑51/20, EU:C:2022:36, paragraphs 111, 116 and 130, and of 28 September 2023, Commission v United Kingdom (Fiscal marking of gasoil), C‑692/20, EU:C:2023:707, paragraph 115).