Judgment_paragraph 55 · NC v European Commission (T-151/16)

55In the event of developments in the rules governing administrative penalties, which would lead to certain aspects of the new rules being more lenient, but in other aspects more stringent than the old rules, it is necessary, in order to determine which is the more lenient rule, not to carry out an abstract analysis, but to determine which, in the specific circumstances, is the most favourable to the undertaking in question, having regard to its situation (see, to that effect, judgment of 9 December 2014, Riva Fire v Commission, T‑83/10, not published, under appeal, EU:T:2014:1034, paragraph 85; ECtHR, 17 September 2009, Scoppola v. Italy, CE:ECHR:2009:0917JUD001024903, paragraph 109, and ECtHR, 18 July 2013, Maktouf and Damjanović v. Bosnia and Herzégovina, CE:ECHR:2013:0718JUD000231208, paragraph 65).