Judgment_paragraph 58 · Printeos, SA v European Commission (T-201/17)

58In that context, the applicant’s contention that the Commission wrongly applied Article 85a of Regulation No 2341/2002 instead of the contested provision which replaced it (see paragraph 40 above), cannot be upheld. As the Commission submits, the second subparagraph of Article 2(3) of the 2014 decision, which had not been challenged by the applicant in Case T‑95/15 and had therefore become final, refers expressly to Article 90 of Delegated Regulation No 1268/2012 in connection with the option for the undertaking concerned to make provisional payment of the fine. That assessment is not undermined by the fact that the information note sent to the applicant by email of 16 February 2015 still referred — by mistake, as the Commission itself acknowledges — to Article 85a of Regulation No 2341/2002. Furthermore, the applicant does not dispute the fact that, during the reference period, the return on investment of the principal amount of the fine in the BUFI fund did not yield any interest but was negative, and that the Commission therefore complied with the conditions for applying the contested provision.