42Roquette therefore claims that it could not have suspected the Commission's lack of understanding as to the nature of its liquid sodium gluconate and that, if the Commission considered the information in its possession was insufficient, the Commission lacked diligence in not requesting the necessary explanations with regard to the distinction between Roquette's ‘liquid gluconate’ and that of the other undertakings for the purpose of calculating turnover (Case T-310/94 Gruber + Weber v Commission [1998] ECR II-1043, paragraph 242). In Roquette's submission, greater diligence on the part of the Commission would have enabled it to obtain other documents evidencing the production of ‘mother liquor’ by Roquette. Finally, Roquette puts in evidence an affidavit given by its chairman and managing director confirming that Roquette's liquid sodium gluconate corresponded to ‘mother liquor’ and that Roquette did not produce any liquid sodium gluconates other than its ‘mother liquor’.
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.