4.

Member States shall ensure that, when determining the type of administrative penalties or remedial measures and the amount of the administrative pecuniary penalties, the competent authorities take into account relevant circumstances, including the following: the gravity and the duration of the infringement; the degree of responsibility of the credit servicer or credit purchaser or, where applicable, its representative designated in accordance with Article 19, responsible for the infringement; the financial strength of the credit servicer or credit purchaser responsible for the infringement, including by reference to the total turnover of a legal person or the annual income of a natural person; the importance of profits gained or losses avoided because of the infringement by the credit servicer or credit purchaser or, where applicable, its representative designated in accordance with Article 19, responsible for the infringement, insofar as those profits or losses can be determined; the losses caused to third parties by the infringement, insofar as those losses can be determined; the level of cooperation by the credit servicer or credit purchaser responsible for the infringement with the competent authorities; previous infringements by the credit servicer or credit purchaser or, where applicable, its representative designated in accordance with Article 19, responsible for the infringement; any actual or potential systemic consequences 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.