Press Releases 2004


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	Press Releases

April 29, 2004

European court rules in graphite electrode case – European Commission fine reduced

WIESBADEN, April 29, 2004 – The European Court of First Instance (ECFI) today announced its ruling in the "Graphite Electrode" case. The court has revised the Euro-pean Commission's decision of July 18, 2001 and reduced the fine levied against SGL Carbon to € 69.1 million from € 80.2 million.

The decision of the ECFI reflects neither the objections raised against gross procedural defects nor the internationally accepted principle of double jeopardy (ne bis in idem). In 1999 the U.S. Department of Justice imposed a $ 145 million fine against SGL Carbon in the same case. Therefore and despite the lowering of the fine, SGL Carbon will seek fundamental judgment by the European Court of Justice (ECJ) as planned.

Until the ECJ issues a final ruling, the fine will be suspended by way of a bank guaran-tee. The guarantee, including interest, was accounted for in the refinancing.

Forward-looking statements:
This press release contains forward-looking statements. These statements reflect the current belief of SGL Carbon’s management as well as assumptions made by, and information available to, the SGL Group. Forward-looking state-ments are not guarantees of future performance and involve risks and uncertainties. Actual future results and devel-opments could differ materially from those set forth in these statements due to various factors. These factors include changes in the general economic and competitive situation, particularly in SGL Carbon’s businesses and markets; changes resulting from acquisitions and the subsequent integration of companies; and changes resulting from restruc-turing measures. In addition, future results and developments could be affected by the performance of financial markets; fluctuations in exchange rates; changes in national and supranational law, particularly with regard to tax regulations; and other risks and uncertainties, including those detailed in SGL Carbon’s filings with the U.S. Securi-ties and Exchange Commission. SGL Carbon assumes no obligation to update forward-looking statements.