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Case C-623/15 P: Appeal brought on 20 November 2015 by Toshiba Corp. against the judgment of the General Court (Third Chamber) delivered on 9 September 2015 in Case T-104/13: Toshiba Corp. v European Commission
ECLI:EU:UNKNOWN:62015CN0623
62015CN0623
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25.1.2016
Official Journal of the European Union
C 27/26
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(Case C-623/15 P)
(2016/C 027/30)
Language of the case: English
Parties
Appellant: Toshiba Corp. (represented by: J. F. MacLennan, Solicitor, A. Schulz, Rechtsanwalt, J. Jourdan, avocat, A. Kadri, Solicitor)
Other party to the proceedings: European Commission
Form of order sought
The appellant claims that the Court should:
—Set aside the Judgment of the General Court in Case T-104/13 insofar as it upheld the finding of the European Commission that Toshiba is jointly and severally liable for the conduct of MTPD;
—Annul the Decision of the European Commission in Case COMP/39.437 TV and Computer Monitor Tubes insofar as it found that Toshiba infringed Article 101 TFEU and held Toshiba jointly and severally liable for the conduct of MTPD;
—Order the European Commission to pay the costs.
Pleas in law and main arguments
In support of the action, the applicants rely on a single plea in law:
The General Court misapplied the concept of undertaking by incorrectly classifying certain elements as indicating that Toshiba was in a position to, or did actually, exercise decisive influence over MTPD and by concluding that the sum of those elements was sufficient to support the conclusion that Toshiba did exercise such influence over MTPD.
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