ABSTRACT
This chapter discusses how the principles of equality and non-discrimination impact the outcome of national fining proceedings or judicial review of fining decisions. Unlike other principles and fundamental rights analyzed in this book, with the exception of the rights of defence, the analyses in this chapter are based primarily on the standard established by the Court of Justice of the European Union (CJEU) and the Court in cases concerning fines imposed by the European Commission. This approach is justified by the lack of sufficient case law on national proceedings alone. It also shows that the standard of protection of EU fundamental rights and general principles of law that bind national administrative authorities and courts is equally determined in proceedings concerning fines imposed by European institutions. This chapter also discusses the impact of the principle of equality on the application of national fining guidelines.
