General Court (Third Chamber) 27 September 2006, T-43/02 (Jungbunzlauer AG v Commission of the European Communities.)

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The Court of First Instance dismissed an action for annulment or reduction of a fine brought by Jungbunzlauer AG against a Commission decision sanctioning a worldwide citric acid cartel under Article 81 EC. The Court held that Article 15(2) of Regulation No 17 does not infringe the principle of legality, as the 10% turnover ceiling and judicial review provide sufficient foreseeability regarding administrative penalties. Furthermore, the Court affirmed that the Commission may attribute a subsidiary's conduct to a management company and is not required to offset fines imposed by non-member states under the principle of natural justice.AI