Judgment_paragraph 76 · Sasol and Others v European Commission (T-541/08)

76Consequently, the Commission made an error of assessment when it dismissed that body of relevant evidence and only stated, in the contested decision, that the appointment of Mr B. I. reflected Sasol’s wishes. Such a description gives a distorted picture of the relevant circumstances of the case and does not fulfil the criterion that liability for an infringement of Article 81 EC must be established on the basis of precise and consistent evidence, and that the Commission must take into consideration, in an impartial manner, all the relevant matters of fact and of law submitted to it (see, to that effect, Joined Cases T‑44/02 OP, T‑54/02 OP, T‑56/02 OP, T‑60/02 OP and T-61/02 OP Dresdner Bank and Others v Commission [2006] ECR II-3567, paragraphs 59 to 63; see, by analogy, Case C-450/98 P IECC v Commission [2001] ECR I-3947, paragraph 57 and the case-law cited).