Notice for the OJ
Action brought on 20 February 2004 by SGL Carbon AG against the Commission of the European Communities
(Case T-68/04)
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 SGL Carbon AG, Wiesbaden (Germany), represented by Martin Klusmann and Andreas von Bonin, lawyers.
The applicant claims that the Court should:
1. annul Commission Decision C(2003) 4457 final of 3 December 2003 in so far as it concerns the applicant;
2. in the alternative, reduce appropriately the amount of the fine imposed on the applicant in the contested decision;
3. order the defendant to pay the costs.
Pleas in law and main arguments:
In the contested decision the Commission imposed on the applicant a fine in the sum of EUR 23 640 000 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 its action, the applicant claims, first, that the basic amount of the fine was incorrectly determined to its detriment. In addition, the applicant pleads that the Commission failed to have regard to the upper limit of 10% for the fine laid down in Article 15(2) of Regulation 17/62
1 through the imposition of several separate fines of an amount exceeding 10% of the group turnover. The applicant was also adversely affected by the unjustified application of the 10% upper limit in favour of another undertaking which has a group relationship with a third undertaking. According to the applicant, the Commission also incorrectly assessed the cooperation of the applicant and in this respect reduced the fine by too little, and incorrectly took into consideration the actual deterrent effect in fixing the amount of the fine. The applicant also claims that the Commission wrongfully refused to take into account the applicant's inability to pay when calculating the fine. Finally, the applicant contests the assessment of the amount of interest in respect of pending proceedings and default interest in the contested decision.