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Case C-385/21: Judgment of the Court (Fifth Chamber) of 10 November 2022 (request for a preliminary ruling from the Înalta Curte de Casaţie şi Justiţie — Romania) — Zenith Media Communications SRL v Consiliul Concurenţei (Reference for a preliminary ruling — Competition — Agreements, decisions and concerted practices — Article 101 TFEU — Penalty imposed by the national competition authority — Determination of the amount of the fine — Consideration of turnover in the profit and loss account — Request for the national competition authority to take into account a different turnover — Refusal by the Competition Council — Real situation of the undertaking concerned — Principle of proportionality)
ECLI:EU:UNKNOWN:62021CA0385
62021CA0385
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9.1.2023
Official Journal of the European Union
C 7/8
(Case C-385/21) (1)
(Reference for a preliminary ruling - Competition - Agreements, decisions and concerted practices - Article 101 TFEU - Penalty imposed by the national competition authority - Determination of the amount of the fine - Consideration of turnover in the profit and loss account - Request for the national competition authority to take into account a different turnover - Refusal by the Competition Council - Real situation of the undertaking concerned - Principle of proportionality)
(2023/C 7/09)
Language of the case: Romanian
Referring court
Parties to the main proceedings
Applicant: Zenith Media Communications SRL
Defendant: Consiliul Concurenţei
Operative part of the judgment
Article 4(3) TEU and Article 101 TFEU must be interpreted as precluding national legislation or practice under which, for the purposes of calculating the fine imposed on an undertaking for infringement of Article 101 TFEU, the national competition authority is required, in all circumstances, to take into account the turnover of that undertaking as shown in its profit and loss account, without having the possibility of examining evidence put forward by that undertaking to show that that turnover does not reflect its real economic situation and that, consequently, another amount which reflects that situation should be taken into account as turnover, provided that that evidence is precise and documented.
(1)
OJ C 391, 27.9.2021.
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