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Case T-68/04: Judgment of the Court of First Instance of 8 October 2008 — SGL Carbon v Commission (Competition — Agreements, decisions and concerted practices — Market for electrical and mechanical carbon and graphite products — Guidelines on the method of setting fines — Gravity and duration of the infringement — Principle of proportionality — Principle of equal treatment — Maximum limit of 10 % of turnover — Default interest)
ECLI:EU:UNKNOWN:62004TA0068
62004TA0068
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22.11.2008
Official Journal of the European Union
C 301/30
(Case T-68/04)
(Competition - Agreements, decisions and concerted practices - Market for electrical and mechanical carbon and graphite products - Guidelines on the method of setting fines - Gravity and duration of the infringement - Principle of proportionality - Principle of equal treatment - Maximum limit of 10 % of turnover - Default interest)
(2008/C 301/46)
Language of the case: German
Parties
Applicant: SGL Carbon AG (Wiesbaden, Germany) (represented by: M. Klusmann and A. von Bonin, lawyers)
Defendant: Commission of the European Communities (represented by: F. Castillo de la Torre and W. Mölls, acting as Agents, and H.-J. Freund, lawyer)
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, an application for the reduction of the fine imposed on the applicant in that decision
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders SGL Carbon AG to pay the costs.
* * *
(1) OJ C 106, 30.4.2004.