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	Court of Justice of the European Communities (including Court of First Instance Decisions)
You are here: BAILII >> Databases >> Court of Justice of the European Communities (including Court of First Instance Decisions) >> Le Carbone-Lorraine SA v Commission of the European Communities (Judgment of the Court (Fourth Chamber)) [2009] EUECJ C-554/08 (12 November 2009) URL: http://www.bailii.org/eu/cases/EUECJ/2009/C55408.html Cite as: ECLI:EU:C:2009:702, EU:C:2009:702, [2009] EUECJ C-554/8, [2009] EUECJ C-554/08

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Judgment of the Court (Fourth Chamber) of 12 November 2009 – Le Carbone-Lorraine v Commission

(Case C-554/08 P)

Appeal – Competition – Agreements, decisions and concerted practices − Article 81 EC and Article 53 of the EEA Agreement – Market for electrical and mechanical carbon and graphite products − Article 15(2) of Regulation No 17 – Setting the amount of the fine – Gravity of the infringement – Cooperation during the administrative procedure – Principle of the individual nature of penalties – Equal treatment – Principle of proportionality

1.                     Competition – Fines – Amount – Determination – Criteria – Gravity of the infringement – Account to be taken of the effects of the whole of the infringement (Council Regulation 17, Art. 15; Commission notice 98/C 9/03, Section 1A) (see paras 21, 24)

2.                     Appeals – Grounds – Plea submitted for the first time in the context of the appeal – Inadmissibility – Claim or argument raised for the first time in the appeal proceedings – Inadmissibility (see para. 32)

3.                     Competition – Fines – Amount – Determination – Criteria – Effect of an anti-competitive practice – Criterion not conclusive (Council Regulation No 17, Art. 15; Commission notice 98/C 9/03, Section 1A) (see paras 43-44)

4.                     Appeals – Jurisdiction of the Court – Challenge on grounds of fairness to the General Court’s assessment concerning the amount of a fine imposed on an undertaking – Excluded (Council Regulation No 17, Art. 15) (see para. 72)

Re:

Appeal against the judgment of the Court of First Instance (Fifth Chamber) of 8 October 2008 in Case T-73/04

Carbone-Lorraine

v

Commission

, in which the Court dismissed the application brought by the appellant 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 concerning an agreement in the market for electrical and mechanical carbon and graphite products or, in the alternative, annulment or reduction of the fine imposed on the appellant – Breach of the principle of the individual nature of penalties – Method for setting the amount of the fine imposed – Constant and close cooperation during the administrative procedure – Principles of proportionality and of equal treatment.

Operative part

The Court:

1.

Dismisses the appeal;

2.

Orders Le Carbone-Lorraine SA to pay the costs.