(Case C-564/08 P)

Appeal – Competition – Agreements, decisions and concerted practices − Article 81 EC and Article 53 of the EEA Agreement – Market for electrical and mechanical carbon and graphite products − Article 15(2) of Regulation No 17 – Guidelines on the method of setting fines – Turnover and share of the relevant market – Value of ‘captive’ use – Principle of equal treatment – Principle of proportionality

Re:

Appeal brought against the judgment of the Court of First Instance (Fifth Chamber) of 8 October 2008 in Case T-68/04 SGL Carbon v Commission, in which the Court of First Instance dismissed the application brought by the appellant 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 concerning an agreement in the market for electrical and mechanical carbon and graphite products or, in the alternative, an application for the reduction of the fine imposed on the appellant – Failure to take into consideration, by classifying it as a new and inadmissible complaint, the appellant’s argument concerning the taking into account of the value of the captive use in calculating the turnover and market shares of the undertakings concerned – Breach of the principles of proportionality and equal treatment.

Operative part

The Court:

1.Dismisses the appeal;

2.Orders SGL Carbon AG to pay the costs.