Judgment of the Court of First Instance (Third Chamber) of 8 July 2008. – Lafarge SA v Commission of the European Communities.

Subject of the case

Re:

APPLICATION for annulment of Commission Decision 2005 / 471 / EC of 27 November 2002 relating to proceedings under Article 81 [EC] against BPB plc, Gebrüder Knauf Westdeutsche Gipswerke KG, Société Lafarge SA and Gyproc Benelux NV (Case No COMP/E-1/37.152 – Plasterboard) (OJ 2005 L 166, p. 8), or, in the alternative, an application for the annulment of or a reduction in the fine imposed on the applicant.

Operative part

Operative part

The Court:

1. Dismisses the action;

2. Orders Lafarge SA to bear its own costs and to pay those incurred by the Commission;

3. Orders the Council to bear its own costs.