Judgment_paragraph 100 · SGL Carbon AG v Commission of the European Communities (C-328/05 P)

100As regards the argument that the Court of First Instance failed to take account of SGL Carbons financial capacity, it must be observed that, according to settled case-law which rightly provides inspiration for paragraph 333 of the judgment under appeal, the Commission is not required, when determining the amount of the fine, to take into account the financial situation of an undertaking, since recognition of such an obligation would be tantamount to giving unjustified competitive advantages to undertakings least well adapted to the market conditions (see Joined Cases 96/82 to 102/82, 104/82, 105/82, 108/82 and 110/82 IAZ International Belgium and Others v Commission [1983] ECR 3369, paragraphs 54 and 55, and SGL Carbon v Commission, paragraphs 105 and 106).

SGL Carbon AG v Commission of the European Communities (C-328/05 P)

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