Saint-Gobain Glass France SA and Others v European Commission (T-56/09, T-73/09)

Judgment of 27 Mar 2014

law://eu/cjeu/2009/t-56-09/para_385@2026-11-15

385As regards, moreover, the exceptional economic crisis which is alleged to have affected the car market at the time when the contested decision was adopted, which significantly increased the real impact of the fine on Saint-Gobain, that circumstance, even on the assumption that it is correct, is irrelevant in the present case. According to settled case-law, the Commission is not required when determining the amount of the fine to take account of an undertaking’s financial losses, since recognition of such an obligation would have the effect of conferring an unfair competitive advantage on the undertakings least well adapted to the conditions of the market (Case C-308/04 P SGL Carbon v Commission [2006] ECR I-5977, paragraph 105; see Case T-62/02 Union Pigments v Commission [2005] ECR II-5057, paragraph 175 and the case-law cited).

Saint-Gobain Glass France SA and Others v European Commission (T-56/09, T-73/09)

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