As penalties were not harmonised within Community law, it remains open to member states to choose the penalties which seem appropriate to them. They must, however, exercise that power in accordance with Community law and its general principles, and consequently with the principle of proportionality. The administrative measure or penalties must not go beyond what is strictly necessary for the objectives pursued and a penalty must not be so disproportionate to the gravity of the infringement that it becomes an obstacle to the freedoms enshrined in the treaty.
[2001] ECR I-5547, C-262/99, [2001] EUECJ C-262/99
Bailii
European
Cited by:
Cited – Commissioners of Customs and Excise v Newbury Admn 3-Mar-2003
The commissioner appealed a finding that a car and other goods they had forfeited should be returned. The owner said that matters had been imported for personal use under the directive.
Held: The directive had direct effect and precedence over . .
Lists of cited by and citing cases may be incomplete.
Updated: 23 August 2021; Ref: scu.162762
