Judgment of the Court of First Instance of 8 October 2008 - Schunk and Schunk Kohlenstoff-Technik v Commission
(Case T-69/04)
(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)
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:
Dismisses the action;
Orders Schunk GmbH and Schunk Kohlenstoff-Technik GmbH to pay the costs.
____________1 - OJ C 106, 30.4.2004.