After the expiry of the ECSC Treaty, the Commission imposed a fine on a German undertaking, based in substance on Article 65 (1), (5) ECSC Treaty and with regard to procedures on Regulation (EC) No 1/2003. The undertaking fined did not commit itself the infringements of Community law at issue, but had, by a written statement, assumed liability and even asked for transfer.

The decision of the Commission was upheld by the CFI the judgement of which was contested before CJ.

 

 

The Court dismissed the appeal.