324In the third place, the applicant submits that the Commission infringed the principle of legal certainty and the principles nulla poena sine lege and of respect for the rights of the defence (Joined Cases 42/59 and 49/59 SNUPAT v High Authority [1961] ECR 53, 87), as, in the absence of any provision specifying in particular the maximum period between two findings of infringement which allow the concept of recidivism to be applied, it took into account infringements penalised in 1984 and 1974, respectively.
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