Article 64 › 5

When deciding on the amount of the administrative fine in each individual case, all relevant circumstances of the specific situation shall be taken into account and due regard shall be given to the following: (a) the nature, gravity and duration of the infringement and of its consequences; (b) whether administrative fines have been already applied by the same or other market surveillance authorities to the same economic operator for a similar infringement; (c) the size, in particular with regard to microenterprises and small and medium sized-enterprises, including start-ups, and the market share of the economic operator committing the infringement.

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Source: EUR-Lex CELLAR · retrieved 2026-09-04