On Thursday 22 December, the European Commission published a communication updating the calculation of financial sanctions for countries that do not comply with EU law and are therefore subject to an infringement proceeding. The Commission can propose financial sanctions for Member States with infringements, although it is the Court of Justice of the European Union (CJEU) that decides on the final amount.
These fines are calculated, in part, by taking into account the country’s ability to pay. This was previously measured in terms of GDP and the institutional weight of the Member State in the EU. In January 2022, the CJEU ruled that GDP should be a more determining factor and that institutional weight was not indispensable.
The Commission is therefore updating its calculation methods, to take these recommendations into account. They will apply to future referrals to the Court for infringements of Union law.
See the communication: https://aeur.eu/f/4rq (Original version in French by Léa Marchal)