Judgment of the Court (Fourth Chamber) of 22 May 2008. – Evonik Degussa GmbH v Commission of the European Communities and the Council of the European Union.

Subject of the case

Re:

Appeal against the judgment of the Court of First Instance (Third Chamber) of 5 April 2006 in Case T-279/02 Degussa AG v Commission , in which that Court dismissed in part the action seeking annulment of Commission Decision 2003/674/EC of 2 July 2002 relating 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 concerning the market in methionine – Requirements of the principle of nulla poena sine lege in relation to the system of fines laid down by Article 15(2) of Regulation No 17.

Operative part

The Court:

1. Dismisses the appeal;

2. Orders Evonik Degussa GmbH to bear the costs;

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