Notice for the OJ
Action brought on 20 February 2004 by Schunk GmbH and Schunk Kohlenstofftechnik GmbH against the Commission of the European Communities
(Case T-69/04)
Language of the case: German
An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 20 February 2004 by Schunk GmbH, Thale (Germany), and Schunk Kohlenstofftechnik GmbH, Heuchelheim (Germany), represented by Rainer Bechtold and Simon Hirsbrunner, lawyers.
The applicants claim that the Court should:
1. annul the contested decision of the Commission of 3 December 2003 (Case COMP/E-2/38.359 - carbon and graphite-based products for electrical and mechanical applications);
2. in the alternative, reduce the amount of the fine imposed on the applicants by that decision;
3. order the Commission to pay the costs.
Pleas in law and main arguments:
In the contested decision the Commission imposed on the applicants a fine in the sum of EUR 30 870 000 for infringement of Article 81(1) EC and Article 53(1) EEA by taking part in a series of agreements and concerted practices on the market in carbon and graphite-based products for electrical and mechanical applications.
In support of their action, the applicants claim, first, that the Commission erred in law by assuming that the first applicant, Schunk GmbH, which is a finance holding company, is jointly and severally liable for the fine imposed on its subsidiary, the second applicant, Schunk Kohlenstofftechnik GmbH ("SKT"). Further, they plead that the contested decision has an unlawful legal basis, since Article 15 of Regulation 17/62
1 gives the Commission a margin of discretion in relation to the amount of fines and is therefore incompatible with the principle of legal certainty and with higher ranking Community law. In addition, the Commission discriminated against the applicants relative to other undertakings in fixing the amount of the imposed fines, incorrectly assessed the deterrent effect of the fines and the cooperation of the applicants, and failed to have regard to material circumstances.