258The applicant admits that the new economic entity resulting from the merger is, in principle, responsible for the infringements committed earlier by the entities which merged. However, that responsibility is confined to the original infringement and the harm caused by it. By taking into account the turnover of the entity formed by the merger, the Commission therefore infringed the ‘guilt principle’ (nulla poena sine culpa), recognised by the criminal law systems of the Member States and by Article 6(2) of the ECHR and Article 49(3) of the Charter, under which the penalty imposed must be proportionate to the guilt of the undertaking to which it applies. The case-law of the Court of Justice has also recognised that principle, which results in part from the principle of proportionality, as the factor determining the severity of the penalty (Case 179/82Lucchini v Commission [1983] ECR 3083, paragraph 27; Case 2/83Alfer v Commission [1984] ECR 799, paragraphs 17 and 18; and Case 83/83Estel v Commission [1984] ECR 2195, paragraph 39 et seq.).