Judgment_paragraph 32 · Volkswagen AG v Commission of the European Communities (C-338/00 P)

32The Court of First Instance ruled in this regard as follows:347 However, the reduction of the fine does not necessarily have to he proportionate to the reduction in the period which the Commission had taken into account nor correspond to the sum of the percentage increases applied by the Commission in respect of the period from 1988 to August 1993, the last quarter of 1996 and 1997 (see, by analogy, Duilio/? Slazenger, cited above, paragraph 178). The Court must carry out, in the exercise of its jurisdiction in the matter, its own assessment of the circumstances of the case in order to determine the amount of the fine (Case 322/81 Michelin v Commission [1983] ECR 3461, paragraph 111; Case T-148/94 Preussag Stahl v Commission [1999] ECR II-613, paragraph 728). In the present case, the highly grave nature of the infringement committed, apparent from paragraph 336 above, on the one hand, and the intensity with which the unlawful measures were implemented, as shown by the abundant correspondence discussed above in the context of the first plea, on the other hand, call for a fine which acts as a real deterrent (see Case T-12/89 Solvay v Commission [1992] ECR II-907, paragraph 309, and Case C-219/95 P Ferriere Nord v Commission [1997] ECR I-4411, paragraph 33). In the light of those considerations, the fine imposed of ECU 102 million, which corresponded approximately, as the applicant confirmed in reply to a written question from the Court, to 0.5% of turnover achieved in 1997 by the Volkswagen group in Italy, Germany and Austria, and to 0.25% of its turnover in the European Union in the same year, is not abnormally high. Lastly, the fact that the Commission's conclusions as to the split margin system and the termination of certain dealership contracts have not been adequately proved does not reduce the highly grave nature of the infringement in question, duly established by proof of the other infringing conduct...348 Having regard to all the above circumstances and considerations, the Court, in the exercise of its unlimited jurisdiction under Article 172 of the EC Treaty (now Article 229 EC) and Article 17 of Regulation No 17 (see Case C-320/92 P Finsider v Commission [1994] ECR I-5697, paragraph 46, and Case C-185/95 P Baustahlgewebe v Commission [1998] ECR I-8417, paragraph 129), considers it proper to reduce the amount of the fine... to EUR 90 million.’