Judgment of the Court of First Instance of 15 June 2005 in Joined Cases T-71/03, T-74/03, T-87/03 and T-91/03 Tokai Carbon Co. Ltd v Commission of the European Communities (Competition — Cartels — Specialty graphite market — Price fixing — Liability — Calculation of fines — Cumulation of penalties — Duty to state reasons — Rights of the defence — Guidelines on the method of setting fines — Applicability — Gravity and duration of the infringement — Attenuating circumstances — Aggravating circumstances — Ability to pay — Cooperation during the administrative procedure — Methods of payment)
Date: 2005-08-20
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), carbon, chemical industry, fine, restriction on competition

C 205/18

EN

Official Journal of the European Union

20.8.2005

JUDGMENT OF THE COURT OF FIRST INSTANCE

— dismisses the application;

of 15 June 2005

— orders the applicant to pay the costs.

2. In Case T-74/03 Intech EDM BV v Commission:

in Joined Cases T-71/03, T-74/03, T-87/03 and T-91/03
Tokai Carbon Co. Ltd v Commission of the European
Communities (1)

— dismisses the application;

(Competition — Cartels — Specialty graphite market —
Price fixing — Liability — Calculation of fines — Cumula-
tion of penalties — Duty to state reasons — Rights of the
defence — Guidelines on the method of setting fines —
Applicability — Gravity and duration of the infringement —
Attenuating circumstances — Aggravating circumstances —
Ability to pay — Cooperation during the administrative
procedure — Methods of payment)

(2005/C 205/31)

(Languages of the case: German and English)

— orders the applicant to pay the costs.

3. In Case T-87/03 Intech EDM AG v Commission:

— sets the fine imposed on the applicant by Article 3 of Decision

COMP/E-2/37.667 at EUR 420 000;

— amends Article 3(h) of Decision COMP/E-2/37.667 so that
the joint and several liability of Intech EDM AG is limited to
EUR 420 000;

— dismisses the remainder of the application;

— orders the applicant to bear two thirds of its own costs and to
pay two thirds of the costs incurred by the Commission, and
the Commission to bear one third of its own costs and to pay
one third of the costs incurred by the applicant.

In Joined Cases T-71/03, T-74/03, T-87/03 and T-91/03, Tokai
Carbon Co. Ltd, established in Tokyo (Japan), represented by G.
lawyers, with an address for
van Gerven and T. Franchoo,
service in Luxembourg, Intech EDM BV, established in Lomm
(Netherlands), represented by M. Karl and C. Steinle, lawyers,
Intec EDM AG, established in Losone (Switzerland) M. Karl and
C. Steinle, lawyers, SGL Carbon AG, established in Wiesbaden
(Germany), represented by M. Klusmann and P. Niggemann,
lawyers, against Commission of the European Communities
(agents: W. Mölls, P. Hellström, F. Castillo de la Torre and S.
Rating, acting as Agents, assisted, in Cases T-74/03 and T-87/
03, by H. J. Freund,
lawyer, with an address for service in
in full or in part of
Luxembourg), actions for annulment
Commission Decision C(2002) 5083 final of 17 December
2002 relating to a proceeding under Article 81 EC and Article
53 of the EEA Agreement (Case COMP/E-2/37.667 — Speci-
ality Graphite), the Court of First Instance (Second Chamber),
J. Pirrung, President, A.W.H. Meij and N.J.
composed of
Forwood, Judges; J. Palacio González, Principal Administrator,
Registrar, gave a judgment on 15 June 2005, in which it:

4. In Case T-91/03 SGL Carbon v Commission:

— sets the fine imposed on the applicant by Article 3 of Decision
COMP/E-2/37.667 at EUR 9 641 970 in respect of the
infringement committed in the isostatic graphite sector;

— dismisses the remainder of the application;

— orders the applicant to bear two thirds of its own costs and to
pay two thirds of the costs incurred by the Commission, and
the Commission to bear one third of its own costs and to pay
one third of the costs incurred by the applicant.

(1) OJ C 112 of 10.5.2003

1. In Case T-71/03 Tokai Carbon v Commission: