CELEX: 62018CN0607
Language: en
Date: 2018-09-24 00:00:00
Title: Case C-607/18 P: Appeal brought on 24 September 2018 by NKT Verwaltungs GmbH, formerly nkt cables GmbH, NKT A/S, formerly NKT Holding A/S against the judgment of the General Court (Eighth Chamber) delivered on 12 July 2018 in Case T-447/14: NKT Verwaltungs and NKT v Commission

26.11.2018   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 427/30
            
         
      Appeal brought on 24 September 2018 by NKT Verwaltungs GmbH, formerly nkt cables GmbH, NKT A/S, formerly NKT Holding A/S against the judgment of the General Court (Eighth Chamber) delivered on 12 July 2018 in Case T-447/14: NKT Verwaltungs and NKT v Commission
      (Case C-607/18 P)
      (2018/C 427/38)
      Language of the case: English
      
         Parties
      
      
         Appellants: NKT Verwaltungs GmbH, formerly nkt cables GmbH, NKT A/S, formerly NKT Holding A/S (represented by: B. Creve, advocaat, M. Kofmann, advokat)
      
         Other party to the proceedings: European Commission
      
         Form of order sought
      
      The appellants claim that the Court should:
      
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                  set aside the judgment under appeal in whole or in part;
               
            
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                  annul the decision at issue (1) in whole or in part;
               
            
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                  in the alternative, refer the case back to the General Court for determination in accordance with the judgment of the Court of Justice;
               
            
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                  order a measure of organisation; and
               
            
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                  order the Commission to pay the costs of both the appeal proceedings and the proceedings before the General Court.
               
            
         Pleas in law and main arguments
      
      First plea: The General Court erroneously determined the territorial scope of the infringement.
      Second plea: The General Court committed errors in law when assessing the scope of the SCI (2) and the scope of NKT’s participation in and awareness of the SCI.
      Third plea: The General Court committed errors in law when holding that the appellants’ rights of defence had not been infringed.
      Fourth plea: The General Court committed errors in law when rejecting the appellants’ plea for an annulment or reduction of the fine.
      
         (1)  Commission Decision C(2014) 2139 final of 2 April 2014 relating to a proceeding under Article 101 of the Treaty on the Functioning of the European Union and Article 53 of the EEA Agreement.
      
         (2)  Single and continuous infringement.