282As regards the effects of entering a fine of EUR 2.05 million in its accounts, the applicant also claimed during the interim measures proceedings, without being disputed on that point by the Commission, that, pursuant to Article 2447 and the fourth paragraph of Article 2484 of the codice civile (Italian Civil Code), the effect of the entry in the balance sheet of a liability equivalent to double the share capital, as is the case here, is to reduce that capital to nothing. More particularly, where the share capital of a company limited by shares (SpA) is reduced to a level below the statutory minimum, that company has essentially the following choice: it must arrange its winding-up or recapitalise (see, to that effect, order in Romana Tabacchi v Commission, paragraph 45 above, paragraphs 88 and 123). In that regard, it follows from the statements made in the interim measures proceedings that from 13 July 2006 the applicant demonstrated to the requisite legal standard that it, and its two shareholders, were not in a position to provide even a bank guarantee for payment of the fine of EUR 2.05 million imposed by the Commission (order in Romana Tabacchi v Commission, paragraph 45 above, paragraphs 100 to 122). It should be observed, in particular, that it emerged that the applicant’s shareholders are unable to provide a bank guarantee for the whole amount of the fine and cannot therefore, in any event, make a sufficient contribution to the company’s capital to avoid its being placed in liquidation (see, to that effect, order in Romana Tabacchi v Commission, paragraph 45 above, paragraph 123). The applicant’s usual banks had also suspended their credit lines owing to the deterioration in the situation (order in Romana Tabacchi v Commission, paragraph 45 above, paragraph 85). Furthermore, there is no indication in the present case that that deterioration has a fraudulent origin designed to avoid payment of the fine.