GC, January 23, 2014, No T-395/09

The Court:

Fixes the amount of the fine imposed on Gigaset AG under Article 2(f) of Commission Decision C(2009) 5791 final of 22 July 2009 relating to a proceeding under Article 81 (EC) and Article 53 of the EEA Agreement (Case COMP/39.396 — Calcium carbide and magnesium based reagents for the steel and gas industries) at EUR 12.3 million;

Dismisses the action as to the remainder;

Orders Gigaset to bear 90% of its own costs and 90% of those incurred by the Commission, with the exception of the costs relating to the proceedings for interim measures. The Court orders the Commission to pay 10% of its own costs and 10% of the costs incurred by Gigaset, with the exception of the costs relating to the proceedings for interim measures.