1. The Commission may, by means of a decision, impose fines where the licensee, intentionally or negligently, fails to comply with its obligations laid down in Article 9(1), Article 10(1) or Article 11.
2. The fine imposed in accordance with paragraph 1 shall not exceed EUR 300000. Where the licensee is a micro, small or medium-sized enterprise (SME) as defined in Article 2 of the Annex to Commission Recommendation 2003/361/EC, the fine shall not exceed EUR 50000.
3. In fixing the amount of the fine, regard shall be had to the nature, gravity, duration and any recurrence of the infringement, as well as to any other aggravating or mitigating factor applicable to the circumstances of the case, such as actions taken to mitigate the harm, and the financial benefits gained from, or losses avoided through, the infringement, directly or indirectly.
Text as published in the Official Journal, reproduced verbatim (including any typographical quirks of the source). For the authentic version, see EUR-Lex.
