EuG · T-71/03

Subject of the case Operative part Subject of the case Re: ACTIONS for the annulment in whole or in part of Commission Decision C(2002) 5083 final of 17 December 2002 relating to a proceeding under Article 81 EC and Article 53 of the EEA Agreement (Case COMP/E-2/37.667 – Speciality Graphite) Operative part Operative part The Court: 1. In Case T-71/03 Tokai Carbon v Commission : – dismisses the action; – orders the applicant to pay the costs. 2. In Case T-74/03 Intech EDM BV v Commission : – dismisses the action; – orders the applicant to pay the costs. 3. In Case T-87/03 Intech EDM AG v Commission : – sets the fine imposed on the applicant by Article 3 of Decision COMP/E-2/37.667 at EUR 420 000; – amends Article 3(h) of Decision COMP/E-2/37.667 so that the joint and several liability of Intech EDM AG is limited to EUR 420 000; – dismisses the remainder of the action; – orders the applicant to bear two thirds of its own costs and to pay two thirds of the costs incurred by the Commission, and the Commission to bear one third of its own costs and to pay one third of the costs incurred by the applicant. 4. In Case T-91/03 SGL Carbon v Commission : – sets the fine imposed on the applicant by Article 3 of Decision COMP/E-2/37.667 at EUR 9 641 970 in respect of the infringement committed in the isostatic graphite sector; – dismisses the remainder of the action ; – orders the applicant to bear two thirds of its own costs and to pay two thirds of the costs incurred by the Commission, and the Commission to bear one third of its own costs and to pay one third of the costs incurred by the applicant.