Appeal brought on 24 September 2018 by NKT Verwaltungs GmbH, formerly nkt cables GmbH, NKT A/S, formerly NKT Holding A/S against the judgment of the General Court (Eighth Chamber) delivered on 12 July 2018 in Case T-447/14: NKT Verwaltungs and NKT v Commission
(Case C-607/18 P)
Language of the case: English
Parties
Appellants: NKT Verwaltungs GmbH, formerly nkt cables GmbH, NKT A/S, formerly NKT Holding A/S (represented by: B. Creve, advocaat, M. Kofmann, advokat)
Other party to the proceedings: European Commission
Form of order sought
The appellants claim that the Court should:
set aside the judgment under appeal in whole or in part;
annul the decision at issue1 in whole or in part;
in the alternative, refer the case back to the General Court for determination in accordance with the judgment of the Court of Justice;
order a measure of organisation; and
order the Commission to pay the costs of both the appeal proceedings and the proceedings before the General Court.
Pleas in law and main arguments
First plea: The General Court erroneously determined the territorial scope of the infringement.
Second plea: The General Court committed errors in law when assessing the scope of the SCI2 and the scope of NKT’s participation in and awareness of the SCI.
Third plea: The General Court committed errors in law when holding that the appellants’ rights of defence had not been infringed.
Fourth plea: The General Court committed errors in law when rejecting the appellants’ plea for an annulment or reduction of the fine.
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1 Commission Decision C(2014) 2139 final of 2 April 2014 relating to a proceeding under Article 101 of the Treaty on the Functioning of the European Union and Article 53 of the EEA Agreement.
2 Single and continuous infringement.