Judgment_paragraph 109 · Eni SpA v European Commission (C-508/11 P)

109First of all, the General Court, which had already rejected, in paragraphs 177 to 179 of the judgment under appeal, Eni’s argument that the failure to include Syndial as addressee of the contested decision had ‘serious consequences’ for the application of the maximum amount of 10% provided for in Article 23(2) of Regulation No 1/2003, recalled, in that regard, its case-law in accordance with which that ceiling must be calculated on the basis of the total turnover of all the companies constituting the single economic entity acting as an undertaking for the purposes of Article 101 TFEU. The Court of Justice has already confirmed that that case-law is not vitiated by any error of law (see order of 3 May 2012 in Case C-240/11 P World Wide Tobacco España v Commission, paragraphs 45 and 46).