CELEX: 62008CA0564
Language: en
Date: 2009-11-12 00:00:00
Title: Case C-564/08 P: Judgment of the Court (Fourth Chamber) of 12 November 2009 — SGL Carbon AG v Commission of the European Communities (Appeal — Competition — Agreements, decisions and concerted practices — Article 81 EC and Article 53 of the EEA Agreement — Market for electrical and mechanical carbon and graphite products — Article 15(2) of Regulation No 17 — Guidelines on the method of setting fines — Turnover and share of the relevant market — Value of captive use — Principle of equal treatment — Principle of proportionality)

16.1.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 11/6
            
         Judgment of the Court (Fourth Chamber) of 12 November 2009 — SGL Carbon AG v Commission of the European Communities
   (Case C-564/08 P) (1)
   
   (Appeal - Competition - Agreements, decisions and concerted practices - Article 81 EC and Article 53 of the EEA Agreement - Market for electrical and mechanical carbon and graphite products - Article 15(2) of Regulation No 17 - Guidelines on the method of setting fines - Turnover and share of the relevant market - Value of ‘captive’ use - Principle of equal treatment - Principle of proportionality)
   2010/C 11/09
   Language of the case: German
   
      Parties
   
   
      Appellant: SGL Carbon (represented by: M. Klusmann, Rechtsanwalt)
   
      Other party to the proceedings: Commission of the European Communities (represented by: F. Castillo de la Torre and W. Mölls, Agents)
   
      Re:
   
   Appeal brought against the judgment of the Court of First Instance (Fifth Chamber) of 8 October 2008 in Case T-68/04 SGL Carbon v Commission, in which the Court of First Instance dismissed the application brought by the appellant 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 concerning an agreement in the market for electrical and mechanical carbon and graphite products and, in the alternative, an application for the reduction of the fine imposed on the appellant — Failure to take into consideration, by classifying it as a new complaint that is inadmissible, the appellant’s argument concerning the taking into account of the value of the captive use in calculating the turnover and market shares of the undertakings concerned — Infringement of the principles of proportionality and equal treatment
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the appeal;
            
         
               2.
            
            
               Orders Carbon AG to pay the costs.
            
         
      (1)  OJ C 69 of 21.03.2009