Judgment_paragraph 81 · Lafarge SA v European Commission (C-413/08 P)

81The General Court held, in paragraph 734 of the judgment under appeal, that it is sufficient for the Commission to be entitled to take account of repeated infringement that the undertaking has previously been found guilty of an infringement of the same type, even if the decision concerned is still subject to review by the courts. In that regard, it noted correctly, in paragraph 736 of the judgment under appeal, that decisions of the Commission are presumed to be lawful until such time as they are annulled or withdrawn (see, to that effect, Case C-137/92 P Commission v BASF and Others [1994] ECR I-2555, paragraph 48).