Judgment_paragraph 55 · Jungbunzlauer AG v Commission of the European Communities (T-43/02)

55Secondly, with regard to the Guidelines, the applicant submits that they do not constitute a ‘law’ within the meaning of the ECHR. The applicant points out that they are binding on the Commission alone, but not the Community Courts (Case T-81/97 Regione Toscana v Commission [1998] ECR II-2889, paragraph 49, and Opinion of Advocate General Alber in Case C-17/99 France v Commission [2001] ECR I-2481, at I-2484, point 23), which have unlimited jurisdiction to review Commission decisions. According to the applicant, since those courts have jurisdiction to set the final amount of fines and since they are not bound by the Guidelines, those guidelines do not affect the question whether the legality of a criminal rule within the meaning of Article 7 of the ECHR is sufficient. Furthermore, the applicant observes that the Court of First Instance has recently stated that the legal framework applying to fines was defined by Regulation No 17 alone (Brugg Rohrsysteme v Commission, paragraph 46 above, paragraph 123).