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Publishers Abstract:
Jan 1, 2007 may be an important turning point in the life of the European Union, as it marks the end of a transitional period relating to financial penalties that began one year earlier. In December 2005 the European Commission (EC) announced that, with effect from Jan 1, 2006, it would apply for both lump sum payments and penalty payments in every case where it made an application to the European Court of Justice under Article 228(2) EC. This article looks at how the two types of financial penalty are calculated and questions whether it is necessary for both types to be imposed in the same case and whether the whole issue of calculating financial penalties has become unnecessarily complicated. This article will examine the role that duration plays in this calculation. It will be shown that, unfortunately, the Commission seems to have miscalculated the effect of its decision to apply for both penalties on the issue of duration.
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