Judgment — ECLI:EU:T:2002:72
Date: 2002-03-20
Language of the case: German
Court formation: Fourth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Competition;Agreements, decisions and concerted practices;Concerted practices
Concepts: Determining the amount of the fine
Procedure: Action for annulment - unfounded;Appeal against penalty - unfounded
Origin: Germany

Summary of the Judgment 
Competition — Fines — Amount — Determination thereof — Turnover figure taken 
into account — Value of deliveries internal to the undertaking — Included — Effect of 
the exclusion of internal sales when calculating the total turnover of undertakings in the 
context of concentrations — None 
(Council Regulations No 17, Art. 15(2), and No 4064/89, Art. 5) 
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SUMMARY — CASE T-16/99 
When determining the amount of the fine 
to be imposed for an infringement of the 
Community competition rules, the Com­
mission is entitled to use a turnover figure 
which comprises, in addition to the turn­
over from sales of the product concerned to 
third persons, the value of internal 
deliveries of the product to establishments 
which are owned by the undertaking and 
do not therefore have separate legal person­
ality from it. 
There is no inconsistency with that prin­
ciple in the exclusion of any 'internal sales' 
when calculating the overall turnover fig­
ure for undertakings in the context of 
concentrations, as provided for in certain 
provisions of Article 5 of Regulation 
No 4064/89 on the control of concen­
trations between undertakings in so far as 
that exclusion is explained by the fact that 
if such transactions were included the same 
turnover would be counted twice. 
(see paras 358, 361) 
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