Judgment_paragraph 156 · Telefónica SA and Telefónica de España SAU v European Commission (C-295/12 P)

156With regard to whether the offences were committed intentionally or as a result of serious negligence and are therefore liable to be penalised by the imposition of a fine in accordance with the first subparagraph of Article 15(2) of Regulation No 17 or Article 23(2) of Regulation No 1/2003, it is the Court’s settled case-law that that condition is satisfied where the undertaking concerned cannot be unaware of the anti-competitive nature of its conduct, whether or not it is aware that it is infringing the competition rules of the Treaty (Deutsche Telekom v Commission EU:C:2010:603, paragraph 124 and the case-law cited).