Judgment_paragraph 71 · E.ON Energie AG v European Commission (C-89/11 P)

71It should be borne in mind, as the General Court rightly stated at paragraph 48 of the judgment under appeal, that, in the field of competition law, where there is a dispute as to the existence of an infringement, it is for the Commission to prove the infringements found by it and to adduce evidence capable of demonstrating to the requisite legal standard the existence of the circumstances constituting an infringement (Case C-185/95 P Baustahlgewebe v Commission [1998] ECR I-8417, paragraph 58 and Joined Cases C-2/01 P and C-3/01 P BAI and Commission v Bayer [2004] ECR I-23, paragraph 62).