Judgment_paragraph 104 · Nexans France and Nexans v European Commission (C-606/18 P)

104As regards the appellants’ arguments based on the alleged lack of effects of the infringement in question, which are examined in paragraphs 156 and 157 of the judgment under appeal, it is true that in paragraph 156 of that judgment the General Court recalled that, according to the wording of point 22 of the 2006 Guidelines, the Commission does not necessarily have to take account of the actual impact or absence of actual impact of the infringement on the market as an aggravating or mitigating factor in the assessment of the gravity of the infringement for the purpose of calculating the fine. That might suggest that the General Court confined itself, in that regard, only to examining the legality of the decision at issue in the light, in particular, of the 2006 Guidelines. While those guidelines are binding on the Commission itself, to the extent that it has thereby imposed restrictions on the exercise of its discretion (see, to that effect, judgment of 28 June 2005, Dansk Rørindustri and Others v Commission, C‑189/02 P, C‑202/02 P, C‑205/02 P to C‑208/02 P and C‑213/02 P, EU:C:2005:408, paragraph 211), the 2006 Guidelines are not, however, mandatory for the EU Courts, in particular as regards the exercise of their power of unlimited jurisdiction referred to in paragraph 96 of the present judgment (see, to that effect, judgment of 8 December 2011, KME Germany and Others v Commission, C‑389/10 P, EU:C:2011:810, paragraphs 102 and 103), even if they may legitimately decide to draw inspiration from them (see, to that effect, judgment of 26 January 2017, Aloys F. Dornbracht v Commission, C‑604/13 P, EU:C:2017:45, paragraph 75).