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Gigaset AG announces court ruling reduces cartel fine by 1 million euro in its 2009 SKW Stahl Metallurgie Holding AG case

Thursday, 23 Jan 2014 01:23pm EST 

Gigaset AG:Announces the European Court of First Instance partly followed the legal opinion of Gigaset AG and has reduced the fine imposed on the company by the European Commission in its 2009 SKW Stahl Metallurgie Holding AG (SKW) case by 1 million euro. Gigaset's further claims were dismissed.Says in parallel to the case which was closed, Gigaset AG had brought a lawsuit in front of the civil courts against SKW. Gigaset argued that SKW, having directly participated in the cartel, should bear the fine completely by itself, and as such reimburse Gigaset AG for the amount already paid.Says this case has to date not brought clarity about the legally correct distribution of fines imposed 'jointly and severally' among SKW (as the direct participant of the cartel) and Gigaset AG as former ultimate parent which was only held co-liable for SKW's illegal behavior.Says the legal question is currently discussed in front of the German Federal Court (Bundesgerichtshof), who has requested the European Court of Justice, on Jul. 9, 2013, for a preliminary ruling. 

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