640In that regard, it must be noted that there is no obligation for the Commission to take into consideration as a mitigating circumstance the fact that conduct with exactly the same characteristics as that at issue has not yet given rise to the imposition of a fine. In addition, first, it should be borne in mind that, in the Yara/Kemira GrowHow decision, the Commission had already stated how Article 7(2) of Regulation No 139/2004 was to be interpreted, albeit in an obiter dictum (see paragraph 419 above). Second, the Commission has, in a number of cases, imposed fines under Article 14 of Regulation No 4064/89, even though those cases did not concern the interpretation of the exception provided for in Article 7(2) of Regulation No 139/2004.