Judgment_paragraph 16 · Pilkington Group Ltd and Others v European Commission (C-101/15 P)

16With regard to the imposition of a fine pursuant to Article 23(2) of Regulation No 1/2003, the Court has held that the Commission must assess, in each specific case and having regard to both the context and the objectives pursued by the scheme of penalties created by that regulation, the intended impact on the undertaking concerned, in particular by taking into account a turnover which reflects the undertaking’s real economic situation during the period in which the infringement was committed (judgment of 9 July 2015, InnoLux v Commission, C‑231/14 P, EU:C:2015:451, paragraph 46 and the case-law cited).