In assessing the merits of the request for an increase in the penalty, the Commission will take into account any new factors likely to justify an increase in the penalty, such as a finding by the European Court of Human Rights that there has been a breach of the rights guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms, a final acquittal decision by the criminal court, or the measures taken by the applicant to put an end to the situation that gave rise to the sanctioned breach and to remedy the prejudicial consequences of this breach for third parties.