Judgment_paragraph 46 · European Commission v Versalis SpA and Eni SpA and Versalis SpA and Eni SpA v European Commission (C-93/13 P, C-123/13 P)

46Contrary to Versalis and Eni’s submissions, that finding of the General Court is not tantamount to considering the presumption of actual decisive influence to be an irrebuttable presumption. The fact that it is difficult to adduce the evidence necessary to rebut a presumption does not in itself mean that that presumption is in fact irrebuttable, especially where the entities against which the presumption operates are those best placed to seek that evidence within their own sphere of activity (see judgment in Elf Aquitaine v Commission, EU:C:2011:620, paragraph 70).