ABSTRACT

This chapter discusses the assessment of the proportionality of fines imposed by national authorities. It analyzes the elements of the different modes of the proportionality tests. The chapter provides the authorities, the courts, and the fined individuals with a set of leads to help them determine whether the nature of the infringement, its seriousness, and the severity of the fine to be imposed, or that had been imposed, could be deemed proportionate. It also considers various peculiarities of the application of the proportionality test depending on the source of the fining legislation (EU law or national implementing legislation), the fines imposed in cases falling within the scope of internal market rules and the instances of cumulation of different sanctions with fines.