Recital 130 Administrative fines for undertakings, persons and public authorities

Where an administrative fine is imposed on an essential or important entity means a natural or legal person created and recognised as such under the national law of its place of establishment, which may, acting under its own name, exercise rights and be subject to obligations; that is an undertaking, an undertaking should be understood to be an undertaking in accordance with Articles 101 and 102 TFEU for those purposes. Where an administrative fine is imposed on a person that is not an undertaking, the competent authorityas defined in Article 46 should take account of the general level of income in the Member State as well as the economic situation of the person when considering the appropriate amount of the fine. It should be for the Member States to determine whether and to what extent public authorities means any government or other public administration entity, including national central banks. should be subject to administrative fines. Imposing an administrative fine does not affect the application of other powers of the competent authoritiesas defined in Article 46 or of other penalties laid down in the national rules transposing this Directive.