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Document 62006CA0266
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)
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)
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)
OJ C 171, 5.7.2008, p. 4–5
(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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5.7.2008 |
EN |
Official Journal of the European Union |
C 171/4 |
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
(Case C-266/06 P) (1)
(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
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1. |
The appeal is dismissed. |
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2. |
Evonik Degussa GmbH is ordered to bear the costs. |
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3. |
The Council of the European Union is ordered to pay its own costs. |