Substantive Aspects of Public Enforcement: Deterrence by Fines?


Advocate-General Geelhoed329 as well as Advocate-General Damaso Ruiz-Jarabo Colomer330 recall that the fine foreseen for in article 228 is not designed to act as a penalty but to encourage the defaulting Member State to step back into line. The amount should be in proportion to the scale of the offence and enough to act as a deterrent.


Member State Deterrence Effect Private Enforcement Economic Sanction Public Enforcement 


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© Deutscher Universitäts-Verlag | GWV Fachverlage GmbH, Wiesbaden 2007

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