1.

Member States shall ensure that, when determining the type and level of administrative sanctions and other administrative measures, competent authorities take into account all relevant circumstances, including where appropriate: the gravity and duration of the infringement; the criticality of the benchmark to financial stability and the real economy; the degree of responsibility of the responsible person; the financial strength of the responsible person, as indicated, in particular, by the total annual turnover of the responsible legal person or the annual income of the responsible natural person; the level of the profits gained or losses avoided by the responsible person, insofar as they can be determined; the level of cooperation of the responsible person with the competent authority, without prejudice to the need to ensure disgorgement of profits gained or losses avoided by that person; previous infringements by the person concerned; measures taken, after the infringement, by a responsible person to prevent the repetition of the infringement.

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Source: EUR-Lex (Cellar) · retrieved 2026-10-12 · Text as adopted (Official Journal); later amendments are not incorporated in this text.