Evonik Degussa / Commission and Council

IDENTIFIER
62006CJ0266 | ECLI:EU:C:2008:295 | C-266/06
LANGUAGE
English
ORIGIN
DEU
COURT
Court of Justice
ADVOCATE GENERAL
Bot
AG OPINION
NO
REFERENCES MADE
23
REFERENCED
46
SECTOR
The Community legal order,European Community (EEC/EC)
DOCUMENT TYPE
Judgment

Judgment



Judgment of the Court (Fourth Chamber) of 22 May 2008 - Degussa v Commission

(Case C-266/06 P)

Appeal - Competition - Cartel - Market in methionine - Fine - Regulation No 17 - Article 15(2) - Nulla poena sine lege - Distortion of the facts - Principle of proportionality - Principle of equal treatment

  1. Community law - General legal principles - Legal certainty - Nulla poena sine lege - Scope (see paras 38-40, 44-46)

  1. Competition - Fines - Amount - Determination - Discretion conferred on the Commission by Article 15(2) of Regulation No 17 (Council Regulation No 17, Art. 15(2); Commission Notice 98/C 9/03) (see paras 50-62)

  1. Appeals - Grounds - Mistaken assessment of the facts - Inadmissibility - Review by the Court of Justice of the assessment of the evidence - Possible only where the clear sense of the evidence has been distorted (Art. 225(1) EC; Statute of the Court of Justice, Art. 58, first para.) (see paras 72-74, 86, 94)

  1. Appeals - Jurisdiction of the Court - Whether it may review, on grounds of fairness, the appraisal at first instance of the amount of a fine imposed on an undertaking - Not included - Whether it may review that appraisal on the ground that the principle of non-discrimination was infringed - Included (Art. 81(1), EC; Council Regulation No 17, Art. 15(2)) (see paras 95, 114)

  1. Appeals - Grounds - Inadequate or contradictory grounds - Admissibility - Reliance by the Court of First Instance on implied reasoning - Whether lawful - Conditions (Art. 225(1) EC; Statute of the Court of Justice, Arts 36, 53, first para., and 58, first para.) (see paras 102-103)

  1. Competition - Fines - Amount - Determination - Criteria - Need to distinguish between the undertakings involved in the same infringement according to their total turnover - None (Council Regulation No 17, Art. 15(2); Commission Notice 98/C 9/03, para. 1A, fifth subpara.) (see paras 119-123)

Re:

Appeal against the judgment of the Court of DegussavCommission, in which that Court dismissed in part the action seeking annulment of Commission Decision 2003/674/EC of 2 July 2002 relating nulla in relation to the system of First Instance (Third Chamber) of 5 April 2006 AG to a proceeding pursuant to Article 81 of the EC Treaty and Article 53 of the EEA Agreement (OJ 2003 L 255, p. 1) - Cartel poena fines laid down by Article 15(2) in Case T-279/02 concerning the market in methionine - Requirements of the principle of sine of Regulation No 17 lege

Operative part

The Court:

  1. Dismisses the appeal;

  1. Orders Evonik Degussa GmbH to bear the costs;

  1. Orders the Council of the European Union to pay its own costs.


Citations

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