C-270/11, Commission v Sweden

Key Points to Note in This Case

• This case concerns the application of Article 260 of the Treaty on the Functioning of the European Union (TFEU).

• An additional consideration, or "limb," was established in this case:

◦ A "clean record" is a mitigating factor when determining the level of the fine.

◦ Specifically, if a Member State has no previous cases of failure to comply, this can reduce the severity of the fine imposed.