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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)
ECLI:EU:UNKNOWN:62004TA0069
62004TA0069
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22.11.2008
Official Journal of the European Union
C 301/30
(Case T-69/04)
(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)
(2008/C 301/47)
Language of the case: German
Parties
Applicants: Schunk GmbH (Thale, Germany); and Schunk Kohlenstoff-Technik GmbH (Heuchelheim, Germany) (represented by: initially by R. Bechtold and S. Hirsbrunner, and subsequently by R. Bechtold, S. Hirsbrunner and A. Schädle, lawyers)
Defendant: Commission of the European Communities (represented 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 counterclaim of the Commission seeking to have that fine increased.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Schunk GmbH and Schunk Kohlenstoff-Technik GmbH to pay the costs.
(1) OJ C 106, 30.4.2004.