Judgment_paragraph 172 · Volkswagen AG v Commission of the European Communities (C-338/00 P)

172It follows that, in so far as the Court of First Instance reduced the amount of the fine to EUR 90 million without taking into account the infringement resulting from application of the 15% rule during the period from 1988 to 1992, the judgment under appeal must be set aside on the ground that it infringes Article 15(5)(a) of Regulation No 17. In accordance with the case-law (BPB Industries and British Gypsum v Commission, cited above, paragraph 34, and Case C-280/98 P Weig v Commission [2000] ECR I-9757, paragraph 62), the case should be referred back to the Court of First Instance to enable it to fix afresh the amount of the fine by taking into account the infringement committed during that period.