Case T-68/04: Judgment of the Court of First Instance of 8 October 2008 — SGL Carbon v Commission (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)
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;