Article 18 › 3

Member States shall ensure that, when determining the type of administrative sanctions or other administrative measures referred to in paragraph 1 and the level of administrative pecuniary sanctions, competent authorities shall take into account all relevant circumstances, including, where appropriate: (a) the gravity and the duration of the breach; (b) the degree of responsibility of the natural or legal persons responsible for the breach; (c) the financial strength of the natural or legal persons responsible for the breach, including the total turnover of legal persons or the annual income of natural persons; (d) the importance of profits gained or losses avoided by the legal persons responsible for the breach; (e) any losses incurred by third parties as a result of the breach; (f) the level of cooperation with the relevant competent authorities; (g) previous breaches by the natural or legal persons responsible for the breach; (h) any potential systemic consequences of the breach.

1 national measure recorded under this provision, in 1 form — sign in to view the analysis.

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Source: EUR-Lex CELLAR · retrieved 2026-09-05