26.11.2011

Official Journal of the European Union

C 347/18

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(Case C-498/11 P)

2011/C 347/28

Language of the case: English

Parties

Appellant: Toshiba Corp. (represented by: J.F. MacLennan, Solicitor, A. Schulz, Rechtsanwalt, A. Dawes, Solicitor, S. Sakellariou, Δικηγόρος)

Other party to the proceedings: European Commission

Form of order sought

The appellant claims that the Court should:

—set aside the judgment under appeal insofar as it rejected Toshiba's claim for annulment of Article 1 of the Decision, and annul the contested Decision;

—in the alternative, refer the case back to the General Court for determination in accordance with the judgment of the Court of Justice as to points of law; and, in any event,

—award Toshiba its costs, including its costs in the proceedings before the General Court.

Pleas in law and main arguments

The appellant submits that the General Court committed several errors in law when it rejected its claim for annulment of Article 1 of the Decision:

a)it erred in law in concluding that the witness statements furnished by ABB were capable of proving the existence of a common understanding;

b)it erred in law in concluding that there was both corroborating evidence and indirect evidence of the existence of a common understanding;

c)it erred in law in finding that Toshiba participated both in a single and in a continuous infringement; and

d)it erred in law in finding that Toshiba's rights of defence were not breached by the nondisclosure of several exculpatory witness statements.

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