59Having regard to these factors, it must be held that the General Court did not commit an error of law when it examined the Commission’s discretion in the light, in particular, of the objective criteria, the general principles of law and the 1998 Guidelines to which the Commission must adhere and concluded, in paragraph 116 of the judgment under appeal, that the objection that Article 23(2) of Regulation No 1/2003 is unlawful in that it breaches the principle that penalties must have a proper legal basis had to be rejected.
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