In December 2003, the European Commission (Commission) found that Le Carbone Lorraine (Carbone) together with five other companies had participated in a cartel affecting electrical, mechanical carbon and graphite products. Carbone and two other companies appealed against the fines that were imposed. On 8 December 2008, the European Court of First Instance (CFI) dismissed all of the appeals. Carbone is taking a further appeal to the European Court of Justice on the basis that the CFI had made several legal errors in dismissing its case. The principal claims are that: (i) the CFI did not apply the principle that a fine imposed must be specific to the acts of the alleged offender; (ii) the CFI erred in stating that the Commission had determined the fine on the basis of the impact upon the market since the Commission had acknowledged that the precise impact of the cartel could not be determined; and (iii) the principle of equal treatment principle was not applied since they were not given the same reduction as other companies which had similarly co-operated with the Commission and the fact it would suffer financial difficulties was not taken into account