Judgment_paragraph 144 · ThyssenKrupp Nirosta GmbH v European Commission (C-352/09 P)

144As to the circumstances in which an entity that has not committed the infringement may none the less be penalised for that infringement, the Court has stated that this situation arises if the entity that has committed the infringement has ceased to exist, either in law or economically, since a penalty imposed on an undertaking which is no longer economically active is likely to have no deterrent effect (Case C-280/06 ETI and Others [2007] ECR I-10893, paragraph 40).

ThyssenKrupp Nirosta GmbH v European Commission (C-352/09 P)

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