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Document 62004TA0069
Case T-69/04: Judgment of the Court of First Instance of 8 October 2008 — Schunk and Schunk Kohlenstoff-Technik v Commission (Competition — Agreements, decisions and concerted practices — Market for electrical and mechanical carbon and graphite products — Plea of illegality — Article 15(2) of Regulation No 17 — Attributability of the unlawful conduct — Guidelines on the method of setting fines — Gravity and effect of the infringement — Deterrent effect — Cooperation during the administrative procedure — Principle of proportionality — Principe of equal treatment — Counterclaim to increase the fine)
Case T-69/04: Judgment of the Court of First Instance of 8 October 2008 — Schunk and Schunk Kohlenstoff-Technik v Commission (Competition — Agreements, decisions and concerted practices — Market for electrical and mechanical carbon and graphite products — Plea of illegality — Article 15(2) of Regulation No 17 — Attributability of the unlawful conduct — Guidelines on the method of setting fines — Gravity and effect of the infringement — Deterrent effect — Cooperation during the administrative procedure — Principle of proportionality — Principe of equal treatment — Counterclaim to increase the fine)
Case T-69/04: Judgment of the Court of First Instance of 8 October 2008 — Schunk and Schunk Kohlenstoff-Technik v Commission (Competition — Agreements, decisions and concerted practices — Market for electrical and mechanical carbon and graphite products — Plea of illegality — Article 15(2) of Regulation No 17 — Attributability of the unlawful conduct — Guidelines on the method of setting fines — Gravity and effect of the infringement — Deterrent effect — Cooperation during the administrative procedure — Principle of proportionality — Principe of equal treatment — Counterclaim to increase the fine)
OJ C 301, 22.11.2008, p. 30–31
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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22.11.2008 |
EN |
Official Journal of the European Union |
C 301/30 |
Judgment of the Court of First Instance of 8 October 2008 — Schunk and Schunk Kohlenstoff-Technik v Commission
(Case T-69/04) (1)
(Competition - Agreements, decisions and concerted practices - Market for electrical and mechanical carbon and graphite products - Plea of illegality - Article 15(2) of Regulation No 17 - Attributability of the unlawful conduct - Guidelines on the method of setting fines - Gravity and effect of the infringement - Deterrent effect - Cooperation during the administrative procedure - Principle of proportionality - Principe of equal treatment - Counterclaim to increase the fine)
(2008/C 301/47)
Language of the case: German
Parties
Applicants: Schunk GmbH (Thale, Germany); and Schunk Kohlenstoff-Technik GmbH (Heuchelheim, Germany) (represented by: initially by R. Bechtold and S. Hirsbrunner, and subsequently by R. Bechtold, S. Hirsbrunner and A. Schädle, lawyers)
Defendant: Commission of the European Communities (represented by: initially by F. Castillo de la Torre and H. Gading, and subsequently by F. Castillo de la Torre and M. Kellerbauer, Agents)
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, for the reduction of the fine imposed on the applicants in that decision, and a counterclaim of the Commission seeking to have that fine increased.
Operative part of the judgment
The Court:
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1. |
Dismisses the action; |
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2. |
Orders Schunk GmbH and Schunk Kohlenstoff-Technik GmbH to pay the costs. |