§11.3 Penalties

Article 24 of the CRD deals with penalties for the infringement of the national rules transposing the Directive. Paragraph 1 requires Member States to lay down the rules on penalties applicable to infringements of national provisions adopted pursuant to the CRD. It leaves to Member States to decide on the type of the available penalties and to determine the procedures for the imposition of penalties, as long as they are effective, proportionate and dissuasive. Rules on penalties are different from and complementary to the above-mentioned rules on individual contractual remedies for the individual consumers affected. Directive (EU) 2019/2161 added to Article 24 additional requirements. Firstly, it provides a non-exhaustive indicative list of criteria for applying the penalties (paragraph 2). Secondly, it lays down more specific rules (paragraphs 3 and 4) on fines for major cross-border infringements that are subject to coordinated enforcement actions under Regulation (EU) 2017/2394 of the European Parliament and of the Council (160) on consumer protection cooperation (‘CPC Regulation’). Recital 15 of Directive (EU) 2019/2161 encourages Member States to ‘consider enhancing the protection of the general interest of consumers as well as other protected public interests’ in the allocation of revenues from fines. Paragraph 5 requires Member States to notify the Commission of national rules on penalties and any subsequent amendments, i.e. by means of a specific notification explaining the exact national provisions concerned and not merely as part of the general notification of transposition measures.

← 11.2 · All articles · 11.3.1 →

Source: EUR-Lex (Cellar) · retrieved 2026-09-07