265The unlimited jurisdiction conferred on the Court, in application of Article 229 EC, by Article 31 of Regulation No 1/2003 empowers the Court, in addition to carrying out a mere review of the lawfulness of the penalty, which enables the Court only to dismiss the action for annulment or to annul the contested measure, to substitute its own appraisal for the Commission’s and, consequently, to vary the contested measure, even without annulling it, by taking into account all the factual circumstances, by amending, in particular, the fine imposed where the question of the amount of the fine is before it (see, to that effect, Case C-3/06 P Groupe Danone v Commission [2007] ECR I-1331, paragraphs 61 and 62, and Prym and Prym Consumer v Commission, paragraph 69 above, paragraph 86 and the case-law cited).
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.