Consumer Rights Directive
Navigation log
Table of Contents
Chapter I – Subject matter, definitions and scope
Chapter II – Consumer information for contracts other than distance or off-premises contracts
Chapter III – Consumer information and right of withdrawal for distance and off-premises contracts
Chapter IIIa – Rules concerning financial services contracts concluded at a distance
Chapter IV – Other consumer rights
Chapter V – General provisions
Chapter VI – Final provisions
Recitals (67)
Annexes
Chapter V – General provisions
Article 24
Penalties
1. Member States shall lay down the rules on penalties applicable to infringements of national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive.
2. Member States shall ensure that the following non-exhaustive and indicative criteria are taken into account for the imposition of penalties, where appropriate:
(a) the nature, gravity, scale and duration of the infringement;
(b) any action taken by the trader to mitigate or remedy the damage suffered by consumers;
(c) any previous infringements by the trader;
(d) the financial benefits gained or losses avoided by the trader due to the infringement, if the relevant data are available;
(e) penalties imposed on the trader for the same infringement in other Member States in cross-border cases where information about such penalties is available through the mechanism established by Consumer Protection Cooperation Regulation (CPC) of the European Parliament and of the Council ;
(f) any other aggravating or mitigating factors applicable to the circumstances of the case.
3. Member States shall ensure that when penalties are to be imposed in accordance with Article 21 of Consumer Protection Cooperation Regulation (CPC), they include the possibility either to impose fines through administrative procedures or to initiate legal proceedings for the imposition of fines, or both, the maximum amount of such fines being at least 4 % of the trader’s annual turnover in the Member State or Member States concerned.
4. For cases where a fine is to be imposed in accordance with paragraph 3, but information on the trader’s annual turnover is not available, Member States shall introduce the possibility to impose fines, the maximum amount of which shall be at least EUR 2 million.
5. Member States shall, by 28 November 2021, notify the Commission of the rules and measures referred to in paragraph 1 and shall notify it, without delay, of any subsequent amendment affecting them.
6. With regard to infringements of the measures adopted pursuant to the provisions referred to in Article 3(1b) applicable to distance contracts for consumer financial services, Member States shall ensure that, when penalties are to be imposed in accordance with Article 21 of Consumer Protection Cooperation Regulation (CPC), they include the possibility either to impose fines through administrative procedures or to initiate legal proceedings for the imposition of fines, or both.