D15a30 - May a request for an enforcement or notification of a penalty or fine be rejected by the ITM?

Yes.

The request for notification or enforcement of a penalty or fine may be refused in the following cases:

  1. where the request does not contain the required information, is incomplete or does not correspond to the decision on which it is based;
  2. if, following a verification by the ITM, it is established that the sums to be paid out or the resources to be mobilised with a view to enforcing the administrative penalty or fine are disproportionate in relation to the amount to be recovered or if it is established that the enforcement of such a penalty will encounter considerable difficulties;
  3. where the overall financial administrative penalty or fine is less than € 350 or the equivalent of that amount;
  4. where the fundamental rights of defendants and the legal principles as laid down in the Constitution of the Grand Duchy of Luxembourg (requested Member State) are not respected.

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