47In particular, there was nothing in the statement of objections to indicate to the applicant that the Commission intended to rely on the fact that this constituted a repeated infringement by the applicant, while that aggravating circumstance has been applied only intermittently in the Commission's decision-taking practice. Thus, in 2001, the Commission made findings of re-infringement against a number of undertakings but did not invoke that aggravating circumstance when setting the amount of the fine. That was the case with F. Hoffmann-La Roche AG (‘Hoffmann-La Roche’) in Commission Decision 2003/2/EC of 21 November 2001 relating to a proceeding pursuant to Article 81 of the EC Treaty and Article 53 of the EEA Agreement (Case COMP/E-1/37.512 — Vitamins) (OJ 2003 L 6, p. 1) (‘the Vitamins Decision’), and Commission Decision 2002/742/EC of 5 December 2001 relating to a proceeding pursuant to Article 81 of the EC Treaty and Article 53 of the EEA Agreement (Case COMP/E-1/36.604 — Citric acid) (OJ 2002 L 239, p. 18) (‘the Citric Acid Decision’), and, although it was the addressee of the decision under another name, with Stora Kopparbergs Bergslags AB (‘Stora’) in the case which gave rise to Commission Decision 2004/337/EC of 20 December 2001 relating to a proceeding under Article 81 of the EC Treaty and Article 53 of the EEA Agreement (Case COMP/E-1/36.212 — Carbonless paper) (OJ 2004 L 115, p. 1) (‘the Carbonless Paper Decision’), or again with Volkswagen AG (‘Volkswagen’) in Commission Decision 2001/711/EC of 29 June 2001 relating to a proceeding under Article 81 of the EC Treaty (Case COMP/F-2/36.693 — Volkswagen) (OJ 2001 L 262 p. 14) (‘the Volkswagen II Decision’). The applicant maintains that there is no justification for such a difference in treatment.
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