Judgment — ECLI:EU:T:2014:22
Date: 2014-01-23
Language of the case: German
Court formation: Third Chamber
Based on: Treaty on the Functioning of the European Union (consolidated version 2008)
Subject matter: Competition;Agreements, decisions and concerted practices
Procedure: Action for annulment - unfounded;Appeal against penalty - unfounded;Appeal against penalty - successful
Origin: Germany

summary of the pleas in law on which the application is based — Mere reference to an earlier judgment of the General Court — Inadmissibility (Statute of the Court of Justice, Arts 21, first para., and 53, first para.; Rules of Procedure of the General Court, Art. 44(1)(c), and 48(2)) (see paras 282-285) Re: APPLICATION for annulment of Commission Decision C(2009) 5791 final of 22 July 2009 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/39.396 — Calcium carbide and magnesium based reagents for the steel and gas industries) in so far as it relates to the applicants or, in the alternative, an application for amendment of that decision seeking, first, annulment or reduction of the fine imposed on the applicants and, second, that that fine be imposed in its entirety on SKW Stahl Technik GmbH & Co. KG, jointly and severally with the applicants. Operative part The Court: 1. Annuls Article 2(g) and (h) of Commission Decision C(2009) 5791 final of 22 July 2009 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/39.396 — Calcium carbide and magnesium based reagents for the steel and gas industries) in so far as it relates to Evonik Degussa GmbH and AlzChem AG subject to the qualification that that annulment does not have a bearing on the discharging effect of any payment made by one or other of those two companies in connection with the fine imposed jointly and severally in respect of the finding of infringement in Article 1(f) of that decision against Stahl Technik GmbH & Co. KG and on the relief afforded to Stahl Technik GmbH & Co. KG and on the fine which was imposed on it under Article 2(g) of that decision; 2. In respect of the infringement findings in Article 1(f) of Decision C(2009) 5791 final against Evonik Degussa and AlzChem, imposes the following fines: – on Evonik Degussa and AlzChem jointly and severally: EUR 2.49 million, subject to the qualification that Evonik Degussa et AlzChem will be deemed to have satisfied the payment of that fine up to the amount paid by SKW Stahl Technik in respect of the fine which was imposed on it under Article 2(g) of that decision; – on Evonik Degussa, exclusively liable for payment of that fine, EUR 1.24 million; 3. Dismisses the action as to the remainder; 4. Orders Evonik Degussa and AlzChem to bear two-thirds of their own costs and two-thirds of those of the European Commission. The Commission is ordered to bear one-third of its own costs and one-third of those of Evonik Degussa and AlzChem.