Case T-69/04: Judgment of the Court of First Instance of 8 October 2008 — Schunk and Schunk Kohlenstoff-Technik v Commission (Competition — Agreements, decisions and concerted practices — Market for electrical and mechanical carbon and graphite products — Plea of illegality — Article 15(2) of Regulation No 17 — Attributability of the unlawful conduct — Guidelines on the method of setting fines — Gravity and effect of the infringement — Deterrent effect — Cooperation during the administrative procedure — Principle of proportionality — Principe of equal treatment — Counterclaim to increase the fine)
Date: 2008-10-08
Institutions: Court of First Instance
Subjects: European Commission, Germany, action for annulment (EU), electrical process, fine, judgment of the Court (EU)

C 301/30

EN

Official Journal of the European Union

22.11.2008

COURT OF FIRST INSTANCE

Judgment of the Court of First Instance of 8 October 2008
— SGL Carbon v Commission

Judgment of the Court of First Instance of 8 October 2008
— Schunk and Schunk Kohlenstoff-Technik v Commission

(Case T-68/04) (1)

(Case T-69/04) (1)

(Competition — Agreements, decisions and concerted practices
— Market for electrical and mechanical carbon and graphite
products — Guidelines on the method of setting fines —
Gravity and duration of the infringement — Principle of
proportionality — Principle of equal treatment — Maximum
limit of 10 % of turnover — Default interest)

(2008/C 301/46)

Language of the case: German

(Competition — Agreements, decisions and concerted practices
— Market for electrical and mechanical carbon and graphite
products — Plea of illegality — Article 15(2) of Regulation
No 17 — Attributability of the unlawful conduct — Guide-
lines on the method of setting fines — Gravity and effect of
the infringement — Deterrent effect — Cooperation during
the administrative procedure — Principle of proportionality —
treatment — Counterclaim to increase
Principe of equal

the fine)

(2008/C 301/47)

Language of the case: German

Parties

Applicant: SGL Carbon AG (Wiesbaden, Germany) (represented
by: M. Klusmann and A. von Bonin, lawyers)

Parties

Defendant: Commission of the European Communities (repre-
sented by: F. Castillo de la Torre and W. Mölls, acting as Agents,
and H.-J. Freund, lawyer)

Re:

the

Application for
annulment of Commission Decision
2004/420/EC of 3 December 2003 relating to a proceeding
under Article 81 [EC] and Article 53 of the EEA Agreement
(Case No C.38.359 — Electrical and mechanical carbon and
graphite products) and, in the alternative, an application for the
reduction of the fine imposed on the applicant in that decision

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders SGL Carbon AG to pay the costs.

(1) OJ C 106, 30.4.2004.

Applicants: Schunk GmbH (Thale, Germany); and Schunk
(repre-
Kohlenstoff-Technik GmbH (Heuchelheim, Germany)
sented by: initially by R. Bechtold and S. Hirsbrunner, and subse-
quently by R. Bechtold, S. Hirsbrunner and A. Schädle, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: initially by F. Castillo de la Torre and H. Gading, and
subsequently by F. Castillo de la Torre and M. Kellerbauer,
Agents)

Re:

APPLICATION for
the annulment of Commission Decision
2004/420/EC of 3 December 2003 relating to a proceeding
under Article 81 [EC] and Article 53 of the EEA Agreement
(Case No C.38.359 — Electrical and mechanical carbon and
graphite products) and, in the alternative, for the reduction of
the fine imposed on the applicants in that decision, and a coun-
terclaim of the Commission seeking to have that fine increased.

Operative part of the judgment

The Court:

1. Dismisses the action;

22.11.2008

EN

Official Journal of the European Union

C 301/31

2. Orders Schunk GmbH and Schunk Kohlenstoff-Technik GmbH to

pay the costs.

Judgment of the Court of First Instance of 8 October 2008
— Helkon Media v Commission

(1) OJ C 106, 30.4.2004.

(Case T-122/06) (1)

(Arbitration clause — Programme to encourage the develop-
ment, distribution and promotion of European audio-visual
works (MEDIA Plus) — Demand for payment of financial aid
— Existence of an arbitration clause — Compensation —
Admissibility)

Judgment of the Court of First Instance of 8 October 2008
— Carbone-Lorraine v Commission

(Case T-73/04) (1)

Parties

(2008/C 301/49)

Language of the case: German

(Competition — Agreements, decisions and concerted practices
— Market for electrical and mechanical carbon and graphite
products — Guidelines on the method of setting fines —
Gravity and duration of
the infringement — Mitigating
circumstances — Cooperation during the administrative proce-
dure — Principle of proportionality — Principle of equal
treatment)

(2008/C 301/48)

Language of the case: French

Applicant: Helkon Media AG (Munich, Germany) (represented by:
U. Karpenstein, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: G. Wilms and I. Kaufmann-Bühler, acting as Agents)

Re:

Action under Article 238 EC for an order that the Commission
pay to the applicant a sum allegedly owed under a contract
relating to Community support for the project ‘DARK BLUE
WORLD’ (Project no. 2002-4212-0103DI010006DE).

Parties

Applicant: Carbone-Lorraine (Courbevoie, France)
(represented
by: A. Winckler and I. Simic, then A. Winckler and H. Kanello-
poulos, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: F Castillo de la Torre and É. Gippini Fournier, Agents)

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Helkon Media AG to pay the costs.

(1) OJ C 154, 1.7.2006.

Re:

annulment

of Commission Decision
APPLICATION for
2004/420/EC of 3 December 2003 relating to a proceeding
under Article 81 [EC] and Article 53 of the EEA Agreement
(Case No C.38.359 — Electrical and mechanical carbon and
graphite products), and, in the alternative, annulment or reduc-
tion of the fine imposed on the applicant by that decision

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Le Carbone-Lorraine to pay the costs.

Judgment of the Court of First Instance of 10 October
2008 — Inter-Ikea Systems v OHIM (Representation of a
pallet)

(Joined Cases T-387/06 to T-390/06) (1)

(Community trade mark — Application for registration of
figurative Community trade mark representing a pallet —
Absolute ground for refusal — Article 7(1)(b) of Regulation
(EC) No 40/94)

(2008/C 301/50)

Language of the case: English

(1) OJ C 106, 30.4.2004.

Parties

Applicant: Inter-Ikea Systems BV (Delft, Netherlands) (represented
by: J. Gulliksson, lawyer)