26The applicant also claims that, by referring to a business year other than the preceding business year for the purposes of calculating the upper limit of 10% of turnover, the Commission failed to have regard to its financial standing when the contested decision was adopted and thus breached the principle of proportionality. That principle requires that any action taken by the Commission should not go beyond what is necessary to achieve a legitimate objective (Case 181/84 Man (Sugar) [1985] ECR 2889, paragraph 20). The Commissions decision in the present case to apply the 10% limit to one of the applicant's business years which bears no relation to its financial standing, measured by its level of turnover, at the time of the contested decision means that the fine imposed on the applicant does not reflect its economic power and is therefore not proportionate. The applicant points out that it had no turnover when the decision was adopted and that, in addition, the fine in question is substantially larger than its total current assets of approximately EUR 1.9 million, according to its audited annual accounts for the financial year ending on 30 June 2001.
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.