220Moreover, that position corresponds to the approach which the Commission itself set out in a draft new notice on reduction of fines, published in July 2001 (‘the draft new notice’), and, since its publication in 2002, in its new notice on immunity from fines and reduction of fines in cartel cases (OJ 2002 C 45, p. 3; ‘the new notice’). The Commission should therefore have followed that new policy in this case. In support of this line of argument, Roquette relies, in its reply, firstly, on the legal nature of such a notice, which creates legitimate expectations on the part of the undertakings concerned and, secondly, the general principle of criminal law that the most favourable criminal statute should be applied (in mitius retroactivity) (Case C-230/97 Awoyemi [1998] ECR I-6781 and Commission Decision 1999/210/EC of 14 October 1998 relating to a proceeding pursuant to Article 85 of the EC Treaty (Case IV/F-3/33.708 - British Sugar pic and Others) (OJ 1999 L 76, p. 1)).
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