80As in the third plea, the Commission calls in question the effectiveness of the plea relied on by the applicant. In that regard, it is clear that, in the present case, a reduction in the fine as a result of taking account of mitigating circumstances could not in fact give rise to a reduction in the final fine. Since the application of the 10 % ceiling has already led to a very significant reduction in the fine, and in view of the nature of the mitigating circumstances relied on by the applicant, the Court considers, in exercising its unlimited jurisdiction, that taking account of those circumstances — which must be done before the ceiling is applied — cannot lead to a reduction in the final fine. Thus, as the Commission correctly noted, even if the calculation of the fine were adjusted for the reasons put forward by the applicant, the fine would not, however, be reduced. Again that consequence is inherent in the interpretation of the 10 % ceiling as a cap which is applied after any reduction in the fine on account of mitigating circumstances.
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