90It follows that the General Court did not err in law in concluding, in paragraphs 87 and 88 of the judgment under appeal, first, that the Commission’s power to impose the fine at issue by the contested decision derived from Article 23(2) of Regulation No 1/2003 and that the procedure had to be conducted in accordance with that regulation and, secondly, that the substantive law laying down the penalty applicable was Article 65(1) and (5) CS.
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