Judgment_paragraph 117 · Eni SpA v European Commission (C-508/11 P)

117However, Eni has never asserted that the companies penalised in the Polypropylene and PVC II decisions were not under the control of the ‘Eni group’. The Commission is of the view that, had it so wished, it could have imposed the fine of the same parent company in those decisions, namely Eni, which wholly controlled the companies which were the addressees of those decisions, EniChem SpA and Anic SpA. The General Court, in Case T-203/01 Michelin v Commission [2003] ECR II-4071, confirmed that the Commission was entitled to consider in the contested decision that the same undertaking had already been censured for the same type of infringement.