KME Germany AG, KME France SAS and KME Italy SpA v European Commission (C-272/09 P)

Judgment of 8 Dec 2011

law://eu/cjeu/2009/c-272-09/para_102@2026-11-14

102Furthermore, the Courts must carry out the review of legality incumbent upon them on the basis of the evidence adduced by the applicant in support of the pleas in law put forward. In carrying out such a review, the Courts cannot use the Commission’s margin of discretion – either as regards the choice of factors taken into account in the application of the criteria mentioned in the Guidelines or as regards the assessment of those factors – as a basis for dispensing with the conduct of an in-depth review of the law and of the facts.

KME Germany AG, KME France SAS and KME Italy SpA v European Commission (C-272/09 P)

Key facts

History · 1 version

Connections