Judgment_paragraph 78 · Guardian Industries Corp. and Guardian Europe Sàrl v European Commission (C-580/12 P)

78In this regard, suffice it to note that, having found that the decision at issue is unlawful, the Court may, in the exercise of its unlimited jurisdiction, substitute its own appraisal for the Commission’s and, consequently, cancel, reduce or increase the fine imposed (see Groupe Danone v Commission, C‑3/06 P, EU:C:2007:88, paragraph 61, and Otis and Others, EU:C:2012:684, paragraph 62). That power is exercised by taking into account all of the factual circumstances (see, to that effect, Prym and Prym Consumer v Commission, C‑534/07 P, EU:C:2009:505, paragraph 86 and the case-law cited). Consequently, the abovementioned argument of the Commission must be rejected.