26.11.2018

Official Journal of the European Union

C 427/21

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(Case C-590/18 P)

(2018/C 427/29)

Language of the case: English

Parties

Appellant: Fujikura Ltd (represented by: L. Gyselen, lawyer)

Other parties to the proceedings: European Commission, Viscas Corp.

Form of order sought

The appellant claims that the Court should:

—set aside the General Court’s judgment in so far as it upheld the plea in law alleging an infringement of the principles of proportionality and equal treatment with regard to the fine imposed upon it;

—give final judgment in accordance with Article 61, first paragraph, second sentence, of its Statute by:

—annulling Article 2(o) of the Commission’s decision (1) of 2 April 2014 imposing a fine of EUR 8 152 000 upon Fujikura Ltd.; and

—reducing this fine by 44 % to EUR 4 565 120;

—order the costs of the proceedings to be borne by the Commission.

Pleas in law and main arguments

The General Court erred in law by validating the Commission's approach to apply Point 18 of its 2006 Guidelines (2) as if the entire infringement only covered the ‘worldwide part’ of the cartel and did not have an ‘intra-EEA part’ involving only the European suppliers.

As a result, the Commission determined the notional values of sales for the cartel participants in a way that significantly undervalued the role of the European suppliers and overvalued the role of the Asian suppliers, including Fujikura, in this infringement.

(1) Commission Decision 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 (Case AT.39610 — Power Cables) (notified under document C(2014) 2139 final) (OJ 2014, C 319, p. 10)

(2) Guidelines on the method of setting fines imposed pursuant to Article 23(2)(a) of Regulation No 1/2003 (OJ 2006, C 210, p. 2)

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