48Next, as the General Court held in Case T-198/03Bank Austria Creditanstalt v Commission [2006] ECR II-1429, paragraph 89, relating to the application of Article 81 EC, the inclusion, in a decision imposing fines, of findings of fact in respect of a cartel cannot be conditional on the Commission having the power to find an infringement relating thereto or on its actually having found such an infringement. Indeed, it is legitimate for the Commission, in a decision finding an infringement and imposing a penalty, to describe the factual and historical context of the conduct at issue (see also recital 11 in the preamble to contested decision I and recital 5 in the preamble to contested decision II).