On 21 June 2012, Advocate General Bot gave an opinion on E.ON’s appeal against a General Court judgment which upheld the European Commission’s decision to fine E.ON €38m for breaking a seal during a Commission investigation. The Advocate General disagreed with the General Court on E.ON’s final plea where E.ON alleged that the General Court failed to adopt the principle of proportionality in calculating the level of the fine, and had failed to regard mitigating factors. In particular, the Advocate General found that the General Court did not carry out a proper assessment of the level of fine imposed on E.ON, and there was no clear-cut calculation of the fine imposed on E.ON. In addition, the General Court failed to take into consideration the mitigating factor that E.ON’s act was one of negligence, not intention.