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Case C-266/06 P: Judgment of the Court (Fourth Chamber) of 22 May 2008 — Evonik Degussa GmbH, formerly Degussa GmbH v Commission of the European Communities and Council of the European Union (Appeal — Competition — Cartel — Market in methionine — Fine — Regulation No 17/62 — Article 15(2) — Nulla poena sine lege — Distortion of the facts — Principle of proportionality — Principle of equal treatment)
ECLI:EU:UNKNOWN:62006CA0266
62006CA0266
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Official Journal of the European Union
(Case C-266/06 P)
(Appeal - Competition - Cartel - Market in methionine - Fine - Regulation No 17/62 - Article 15(2) - Nulla poena sine lege - Distortion of the facts - Principle of proportionality - Principle of equal treatment)
(2008/C 171/06)
Language of the case: German
Parties
Appellant: Evonik Degussa GmbH, formerly Degussa GmbH (represented by: R. Bechtold, M. Karl and C. Steinle, Rechtsanwälte)
Other parties to the proceedings: Commission of the European Communities (represented by: A. Bouquet, W. Mölls, Agents, and H.-J. Freund, Rechtsanwalt) and Council of the European Union (represented by: S. Marquardt, G. Curmi and M. Simm, Agents)
Re:
Appeal against the judgment of the Court of First Instance (Third Chamber) in Case T-279/02 Degussa AG v Commission, in which the Court dismissed in part the action seeking annulment of Commission Decision 2003/674/EC of 2 July 2002 relating to a proceeding pursuant to Article 81 of the EC Treaty and Article 53 of the EEA Agreement (OJ 2003 L 255, p. 1) — Cartel concerning the market in methionine — Requirements of the nulla poena sine lege principle in relation to the system of fines laid down by Article 15(2) of Regulation No 17/62.
Operative part of the judgment
1.The appeal is dismissed.
2.Evonik Degussa GmbH is ordered to bear the costs.
3.The Council of the European Union is ordered to pay its own costs.
* * *
(1) OJ C 190 of 12.8.2006.