Judgment of the General Court of 12 December 2012 - Ecka Granulate and non ferrum Metallpulver v European Commission

(Case T-400/09) 

(Competition - Cartels - Market in calcium carbide and magnesium for the steel and gas industries in the EEA, with the exception of Ireland, Spain, Portugal and the United Kingdom - Decision finding an infringement of Article 81 EC - Price fixing and market sharing - Fines - Principle of the legality of criminal offences and penalties - 2006 guidelines for the calculation of the amount of fines - Mitigating circumstances - Cooperation during the administrative procedure - Proportionality - Ability to pay)

Language of the case: German

Parties

Applicants: Ecka Granulate GmbH & Co. KG (Fürth, Germany); non ferrum Metallpulver GmbH & Co. KG (St. Georgen bei Salzburg, Austria) (represented initially by: H. Janssen and M. Franz, and subsequently by: H. Janssen and P. Homann, lawyers)

Defendant: European Commission (represented by: A. Antoniadis, K. Mojzesowicz and N. von Lingen, acting as Agents)

Intervener in support of the defendant: Council of the European Union (represented by: M. Simm and G. Kimberley, acting as Agents)

Re:

Action for annulment of Commission Decision C (2009) 5791 final of 22 July 2009 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/39.396 - Calcium carbide and magnesium based reagents for the steel and gas industries), in so far as it concerns the applicants and, in the alternative, reduction of the fine imposed on the applicants in that decision

Operative part of the judgment

The Court:

Dismisses the action;

Orders Ecka Granulate GmbH & Co. KG and non ferrum Metallpulver GmbH & Co. KG to pay the costs incurred by the European Commission and to bear their own costs;

Orders the Council of the European Union to bear its own costs.

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¹ - OJ C 297, 5.12.2009.