Judgment_paragraph 149 · Scania AB and Others v European Commission (T-799/17)

149First, it must be pointed out in that regard that, when examining the evidence submitted, in the context of the standard procedure, by the parties which have chosen not to settle, the Commission is in no way bound by the factual findings and legal classifications which it adopted in the settlement decision with regard to the parties who decided to enter into a settlement. Thus, in accordance with the principle of the presumption of innocence and its duty of impartiality, the Commission may make findings of fact or legal classifications which differ from those made in the settlement decision, if its de novo review of the evidence at its disposal, in accordance with the ‘tabula rasa’ principle, justifies this.