Judgment_paragraph 169 · Technische Unie BV v Commission of the European Communities (C-113/04 P)

169It must be pointed out in that regard that, at paragraph 406 of the judgment under appeal, the Court of First Instance held that the Commission had adduced evidence of the existence of a continuous infringement during the period 1986 to 1994. The fact that such evidence was not adduced for certain specific periods does not preclude the infringement from being regarded as having been established during a more extensive overall period than those periods, provided that such a finding is based on objective and consistent indicia. In the context of such an infringement, extending over a number of years, the fact that the infringement is demonstrated at different periods, which may be separated by more or less long periods, has no impact on the existence of that agreement, provided that the various actions which form part of the infringement pursue a single aim and come within the framework of a single and continuous infringement.

Technische Unie BV v Commission of the European Communities (C-113/04 P)

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