Judgment_paragraph 104 · Orange Polska SA v European Commission (C-123/16 P)

104In the first place, in so far as, by the third ground, Orange submits that the General Court erred in law by substituting its own reasoning for that of the Commission in the decision at issue in rejecting the classification of the investments in question as a mitigating circumstance, within the meaning of point 29 of the 2006 Guidelines, thus infringing the limits imposed upon it as regards its review of legality, it should be recalled that the system of judicial review of Commission decisions relating to proceedings under Articles 101 and 102 TFEU consists in a review of the legality of the acts of the institutions for which provision is made in Article 263 TFEU, which may be supplemented, pursuant to Article 261 TFEU and at the request of applicants, by the General Court’s exercise of unlimited jurisdiction with regard to the penalties imposed in that regard by the Commission (judgment of 21 January 2016, Galp Energía España and Others v Commission, C‑603/13 P, EU:C:2016:38, paragraph 71 and the case-law cited).