Recital (23)

The Commission’s 2018 evaluation of Directive 2009/38/EC showed that penalties applicable in the case of non-compliance with transnational information and consultation requirements are often not sufficiently effective, dissuasive or proportionate. Therefore, it is appropriate to lay down an obligation on the part of Member States to provide for effective, dissuasive and proportionate penalties. Financial penalties should be provided for in the case of non-compliance with the information and consultation procedures set out in Directive 2009/38/EC. Other forms of penalties could also be provided for. In order to be effective, dissuasive and proportionate, penalties should be determined taking into consideration the gravity, duration and consequences of non-compliance and whether such non-compliance is intentional or negligent. For the penalties to be dissuasive, the turnover of the undertaking or group concerned should be taken into account or the applicable penalties should have a similarly dissuasive nature.