Judgment_paragraph 40 · BASF AG v Commission of the European Communities (T-15/02)

40Second, the fines imposed by the Decision are the highest ever imposed in a Community competition law case and reflect a radical and unprecedented change in the Commission's fining policy. By way of example, the applicant notes that, before application of the Leniency Notice, the fines imposed on the undertakings to which the Decision is addressed total almost EUR 1800 million, or more than six times the highest overall fine ever previously reached in a single case, namely EUR 273 million in Commission Decision 1999/243/EC of 16 September 1998 relating to a proceeding pursuant to Articles 85 and 86 of the EC Treaty (Case IV/35.134 — Transatlantic Conference Agreement) (OJ 1999 L 95, p. 1). The applicant adds that the overall fine payable by it before application of the Leniency Notice, namely almost EUR 600 million (see paragraph 17 above), is approximately six times more than the highest individual fine previously imposed by the Commission, namely EUR 102 million on Volkswagen AG in Commission Decision 98/273/EC of 28 January 1998 relating to a proceeding pursuant to Article 85 of the EC Treaty (Case IV/35.733 — VW) (OJ 1998 L 124, p. 60). The obligation to state reasons and the right to be heard with regard to the basic elements on which the Commission intends to rely in setting the fine must be proportionate to the amount of the fine.