Judgment_paragraph 207 · Jungbunzlauer AG v Commission of the European Communities (T-43/02)

207Disproportionate treatment of the smallest undertakings is also shown by a comparison of the starting amounts calculated by reference to the gravity of the infringement used by the Commission in relation to, on the one hand, Jungbunzlauer in the Decision, and, on the other hand, other parties in similar cases giving rise to decisions contemporaneous with the one challenged in the present case. Jungbunzlauer refers in that connection to the Commission's decisions in the so-called sodium gluconate case (Commission decision of 2 October 2001 relating to a proceeding pursuant to Article 81 of the EC Treaty and Article 53 of the EEA Agreement (Case COMP/E-1/36.756 — Sodium gluconate) (‘the sodium gluconate decision’)); the amino acids case (Commission Decision 2001/418/EC of 7 June 2000 relating to a proceeding pursuant to Article 81 of the EC Treaty and Article 53 of the EEA Agreement (Case COMP/36.545/F3 — Amino acids) (OJ 2001 L 152, p. 24) (‘the amino acids decision’)) and the vitamins case (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’). In those cases, the basic amounts chosen by the Commission for the different undertakings concerned were, as a percentage of their overall turnover, in the sodium gluconate case, between 0.04 and 0.58%, in the amino acids case, between 0.24 and 1.59% and, in the vitamins case, between 0.7 and 2.0%, whereas the figure for the applicant in the present case is 6.69%.