# C_2006224EN.01000401.xml

| 16.9.2006 | EN | Official Journal of the European Union | C 224/4 |
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16.9.2006

EN

Official Journal of the European Union

C 224/4

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Judgment of the Court (Second Chamber) of 29 June 2006 — Commission of the European Communities v SGL Carbon AG, Tokai Carbon Co. Ltd, Nippon Carbon Co. Ltd, Showa Denko KK, GrafTech International Ltd, formerly UCAR International Inc., SEC Corp., The Carbide/Graphite Group Inc.

(Case C-301/04 P) (1)

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(Appeals - Competition - Agreements, decisions and concerted practices - Graphite electrodes - Article 81(1) EC - Fines - Guidelines on the method of setting fines - Leniency Notice - Production of documents in a Commission investigation)

(2006/C 224/06)

Language of the case: German

Parties

Appellant: Commission of the European Communities (represented by: W. Mölls, W. Wils and H. Gading, Agents)

Appellant:

Other parties to the proceedings: SGL Carbon AG (represented by: M. Klusmann, Rechtsanwalt), Tokai Carbon Co. Ltd, established in Tokyo (Japan), Nippon Carbon Co. Ltd, established in Tokyo, Showa Denko KK, established in Tokyo, GrafTech International Ltd, formerly UCAR International Inc., established in Wilmington (United States), SEC Corp., established in Amagasaki (Japan), The Carbide/Graphite Group Inc.

Other parties to the proceedings:

Re:

Appeal brought against the judgment of 29 April 2004 of the Court of First Instance (Second Chamber) in Joined Cases T-236/01, T-239/01, T-244/01 to T-246/01, T-251/01 and T-252/01 Tokai Carbon and Others v Commission in so far as the Court of First Instance reduced the amount of the fine which had been imposed on SGL Carbon (Case T-239/01) by Commission Decision 2002/271/EC of 18 July 2001 relating to a proceeding under Article 81 of the EC Treaty and Article 53 of the EEA Agreement — Case COMP/E-1/36.490 — Graphite electrodes (OJ 2002 L 100, p. 1)

Tokai Carbon and Others

Commission

Operative part of the judgment

The Court:

| 1. | Sets aside the first indent of paragraph 2 of the operative part of the judgment of the Court of First Instance of the European Communities of 29 April 2004 in Joined Cases T-236/01, T-239/01, T-244/01 to T-246/01, T-251/01 and T-252/01 Tokai Carbon and Others v Commission; |
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1.

Sets aside the first indent of paragraph 2 of the operative part of the judgment of the Court of First Instance of the European Communities of 29 April 2004 in Joined Cases T-236/01, T-239/01, T-244/01 to T-246/01, T-251/01 and T-252/01 Tokai Carbon and Others v Commission;

Tokai Carbon and Others

Commission

| 2. | Sets at EUR 75.7 million the amount of the fine imposed on SGL Carbon AG by Article 3 of Commission Decision 2002/271/EC of 18 July 2001 relating to a proceeding under Article 81 of the EC Treaty and Article 53 of the EEA Agreement — Case COMP/E-1/36.490 — Graphite electrodes; |
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2.

Sets at EUR 75.7 million the amount of the fine imposed on SGL Carbon AG by Article 3 of Commission Decision 2002/271/EC of 18 July 2001 relating to a proceeding under Article 81 of the EC Treaty and Article 53 of the EEA Agreement — Case COMP/E-1/36.490 — Graphite electrodes;

| 3. | Orders SGL Carbon AG to pay the costs. |
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3.

Orders SGL Carbon AG to pay the costs.

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(1)  OJ C 262, 23.10.2004.

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