Judgment_paragraph 98 · Toshiba Corp. v European Commission (T-104/13)

98Having regard to the fact that, under Article 263 TFEU, the Court must confine itself to a review of the legality of the contested decision on the basis of the reasons set out in that decision, the question whether a parent company actually exercises management power over its subsidiary must be assessed solely by reference to the evidence assembled by the Commission in the decision which attributes liability for the infringement to the parent company. The only relevant question is therefore whether the infringement is or is not proved in the light of that evidence (see Fuji Electric v Commission, cited in paragraph 96 above, paragraph 185 and the case-law cited).