Judgment_paragraph 183 · Adriatica di Navigazione SpA v Commission of the European Communities (T-61/99)

183The Community judicature confines its review to assessing that, in fixing the fine, the Commission satisfied three conditions, namely whether the fine is appropriate having regard to the nature and intrinsic gravity of the infringement and whether it has a deterrent effect. Then, as the second stage of its assessment, it considers the importance, relevance and appropriateness of the particular factors taken into account by the Commission in each individual case and, as the last stage of its reasoning, it assesses whether the factors chosen were correctly applied. Therefore the Commission is entitled to take into account a whole series of factors, subject to review by the Court, the turnover on the market in which the infringement was committed being one factor of which it could take account, but it is by no means obliged to do so (see, to that effect, Case C-279/87 Tipp-Ex v Commission [1990] ECR I-261 and Case T-327/94 SCA Holding v Commission [1998] ECR II-1373, paragraph 184).

Adriatica di Navigazione SpA v Commission of the European Communities (T-61/99)

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