3.

Member States shall ensure that the following non-exhaustive and indicative criteria are taken into account for the imposition of penalties, where appropriate: the nature, gravity, scale and duration of the infringement; any action taken by the seller or supplier to mitigate or remedy the damage suffered by consumers; any previous infringements by the seller or supplier; the financial benefits gained or losses avoided by the seller or supplier due to the infringement, if the relevant data are available; penalties imposed on the seller or supplier for the same infringement in other Member States in cross-border cases where information about such penalties is available through the mechanism established by Regulation (EU) 2017/2394 of the European Parliament and of the Council ( 1 ); any other aggravating or mitigating factors applicable to the circumstances of the case.

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Source: EUR-Lex CELLAR · retrieved 2026-07-31 · Text as consolidated on 2022-05-28; changes after this date are not shown.