Judgment_paragraph 33 · Schindler Holding Ltd and Others v European Commission (C-501/11 P)

33In any event, contrary to the appellants’ submissions, the fact that decisions imposing fines in competition matters are adopted by the Commission is not in itself contrary to Article 6 of the ECHR as interpreted by the European Court of Human Rights. It is to be noted in this connection that, in its judgment in A. Menarini Diagnostics v. Italy, relating to a penalty imposed by the Italian competition authority for anti-competitive practices similar to those of which the appellants were accused, the European Court of Human Rights considered that, given that the fine imposed was high, the penalty, because of its severity, fell within the criminal sphere.