50As regards Eni’s argument that that presumption of the exercise of an actual decisive influence runs counter to the principles of lawfulness, that penalties should be applied only to the offender, of personal liability and of legal certainty, it is sufficient to recall that that presumption seeks precisely to find a balance between the importance, on the one hand, of the objective of penalising conduct contrary to the competition rules, in particular Article 101 TFEU, and to prevent its repetition and, on the other, the requirements of certain general principles of European Union law, such as, in particular, the principles of the presumption of innocence, that penalties should be applied only to the offender, legal certainty and the rights of the defence, including the principle of equality of arms. It is particularly for that reason that it is rebuttable (see, to that effect, inter alia, Case C-521/09 P Elf Aquitaine v Commission [2011] ECR I-8947, paragraph 59). Since Eni’s argument is unfounded, the judgment under appeal is not vitiated by any error in that regard.
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