Judgment of the Court (Fourth Chamber) of 12 November 2009 — Le Carbone-Lorraine SA v Commission of the European Communities

(Case C-554/08 P) (1)

(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)

2010/C 11/08

Language of the case: French

Parties

Appellant: Le Carbone-Lorraine SA (represented by: A. Winckler and H. Kanellopoulos, avocats)

Other party to the proceedings: Commission of the European Communities (represented by: F. Castillo de la Torre and E. Gippini Fournier, acting as Agents)

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, and, 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 of the judgment

The Court:

(1)  OJ C 44 of 21.02.2009