Judgment_paragraph 46 · Jungbunzlauer AG v Commission of the European Communities (T-43/02)

46In addition, Jungbunzlauer observes that the Court has already recognised that the fines provided for in Article 15 of Regulation No 17 are not in the nature of periodic penalty payments, but that their object is to suppress illegal activities and to prevent any repetition (Case 41/69 Chemiefarma v Commission [1970] ECR 661, paragraphs 172 and 173) which, according to Jungbunzlauer, is consistent with the broad interpretation of the concept of criminal charge given by the European Court of Human Rights. Jungbunzlauer adds that, in Case T-15/99 Brugg Rohrsysteme v Commission [2002] ECR II-1613, paragraphs 109 and 122, the Court of First Instance examined the validity of the fine imposed under Article 15(2) of Regulation No 17 in the light of Article 7 of the ECHR.