Judgment_paragraph 101 · Prysmian SpA and Prysmian Cavi e Sistemi Srl v European Commission (T-475/14)

101Moreover, it is clear from settled case-law that, by virtue of a general duty of care attaching to any undertaking or association of undertakings, the applicants are required to ensure the proper maintenance of records in their books or files of information enabling details of their activities to be retrieved, in order, in particular, to make the necessary evidence available in the event of legal or administrative proceedings (see, to that effect, judgment of 16 June 2011, Heineken Nederland and Heineken v Commission, T‑240/07, EU:T:2011:284, paragraph 301 and the case-law cited). When, as the applicants acknowledge in their application, they received requests for information from the Commission under Article 18 of Regulation No 1/2003, it was a fortiori incumbent on them to act with greater diligence and to take all appropriate measures in order to preserve such evidence as might reasonably be available to them.

Prysmian SpA and Prysmian Cavi e Sistemi Srl v European Commission (T-475/14)

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