Judgment_paragraph 107 · Schindler Holding Ltd and Others v European Commission (C-501/11 P)

107In their reply, the appellants contest the basis of the case-law resulting from Akzo Nobel and Others v Commission in the light of Article 6 of the ECHR, submitting that the question of the legality, in the light of that provision, of the presumption that the parent company exercises decisive influence over its subsidiary is still not decided. The Court pointed out, however, in Elf Aquitaine v Commission, paragraph 62, that a presumption, even where it is difficult to rebut, remains within acceptable limits so long as it is proportionate to the legitimate aim pursued, it is possible to adduce evidence to the contrary and the rights of the defence are safeguarded (see, to this effect, Case C-45/08 Spector Photo Group and Van Raemdonck [2009] ECR I-12073, paragraphs 43 and 44, and the judgment of the European Court of Human Rights in Janosevic v. Sweden, no. 34619/97, § 101 et seq., ECHR 2002-VII).

Schindler Holding Ltd and Others v European Commission (C-501/11 P)

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