Judgment_paragraph 361 · Schenker Ltd v European Commission (T-265/12)

361Further, it must be borne in mind that, by the adoption of the 2006 Leniency Notice, the Commission created legitimate expectations, as indeed the Commission recognised in point 38 of that notice. In view of the legitimate expectation which undertakings intending to cooperate with the Commission are entitled to derive from that notice, the Commission is therefore obliged to adhere to it. Accordingly, were the Commission not to have complied with the rules of conduct laid down by that notice, the Commission would have been in breach of the principle of the protection of legitimate expectations (see, to that effect, judgments of 18 June 2008 in Hoechst v Commission, T‑410/03, ECR, EU:T:2008:211, paragraph 510, and 13 July 2011 Kone and Others v Commission, T‑151/07, ECR, EU:T:2011:365, paragraph 127).