Judgment of the Court (Fourth Chamber) of 12 November 2009 – Le Carbone-Lorraine v Commission

(Case C-554/08 P)

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

1. Competition – Fines – Amount – Determination – Criteria – Gravity of the infringement – Account to be taken of the effects of the whole of the infringement (Council Regulation 17, Art. 15; Commission notice 98/C 9/03, Section 1A) (see paras 21, 24)

2. Appeals – Grounds – Plea submitted for the first time in the context of the appeal – Inadmissibility – Claim or argument raised for the first time in the appeal proceedings – Inadmissibility (see para. 32)

3. Competition – Fines – Amount – Determination – Criteria – Effect of an anti-competitive practice – Criterion not conclusive (Council Regulation No 17, Art. 15; Commission notice 98/C 9/03, Section 1A) (see paras 43-44)

4. Appeals – Jurisdiction of the Court – Challenge on grounds of fairness to the General Court’s assessment concerning the amount of a fine imposed on an undertaking – Excluded (Council Regulation No 17, Art. 15) (see para. 72)

Re:

Operative part

The Court:

1.Dismisses the appeal;

2.Orders Le Carbone-Lorraine SA to pay the costs.