41The above conclusions are applicable mutatis mutandis both to the principle non bis in idem, which is applicable only to penalties, inter alia, to criminal penalties in the strict sense or in the competition field (see, to that effect, judgments of 10 May 2007 in SGL Carbon v Commission, C‑328/05 P, ECR, EU:C:2007:277, paragraphs 24 to 30; 21 July 2011 in Beneo-Orafti, C‑150/10, ECR, EU:C:2011:507, paragraphs 68 to 70; and 14 February 2012 in Toshiba Corporation and Others, C‑17/10, ECR, EU:C:2012:72, paragraph 94), and to the adage venire contra factum proprium (see, to that effect, judgment in TiMi KiNDERJOGHURT, cited in paragraph 38 above, EU:T:2009:400, paragraph 36). In that context, it is to no avail that the applicant relies on Article 53(4) of Regulation No 207/2009, which relates only to repeated applications for a declaration of invalidity or counterclaims in infringement proceedings.
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