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.#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.#Case C-266/06 P.

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

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.