Judgment_paragraph 109 · IBP Ltd and International Building Products France SA v European Commission (T-384/06)

109The fact that Regulation No1/2003 allows the Commission to impose a fine of a maximum of 1 % of an undertaking’s turnover for obstruction or for the supply of false or misleading information in response to a request for information, as an autonomous infringement, does not mean that it cannot be taken into account as an aggravating circumstance (see, to that effect, Case C-308/04 P SGL Carbon v Commission [2006] ECR I-5977, paragraph 64). However, if conduct is classified under one of those heads, it cannot at the same time be classified under the other.

IBP Ltd and International Building Products France SA v European Commission (T-384/06)

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