Substantive Aspects of Public Enforcement: Deterrence by Fines?

Abstract

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.

As written in the Court’s Press Release: “the Court should apply the rules allowing it to fine member states in such a way so as to not only bring about compliance as soon as possible, but also to have a preventative effect.” (European Court of Justice Press and Information Division (2004)

As written in European Information Service (EIS) (2000): “The Advocate-General recalls that the fine 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.”