Judgment_paragraph 44 · European Commission v Total SA and Elf Aquitaine SA (C-351/15 P)

44Second, it must be recalled that, in a situation where the liability of a parent company is purely derivative of that of its subsidiary and in which no other factor individually reflects the conduct for which the parent company is held liable, the liability of that parent company cannot exceed that of its subsidiary (see, to that effect, judgments of 22 January 2013, Commission v Tomkins, C‑286/11 P, EU:C:2013:29, paragraphs 37, 39, 43 and 49, and of 17 September 2015, Total v Commission, C‑597/13 P, EU:C:2015:613, paragraph 38).