Form 6-K
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
Report of Foreign Issuer
Pursuant to Rule 13a-16 or 15d-16 of
the Securities Exchange Act of 1934
For the month of: December 2002
SGL CARBON Aktiengesellschaft
(Name of registrant)
Rheingaustrasse 182
65203 Wiesbaden
Germany
(Address of Principal Executive Offices)
Indicate by check mark whether the registrant files or will file annual reports
under cover of Form 20-F or Form 40-F:
Form 20-F X Form 40-F
-------
Indicate by check mark whether the registrant by furnishing the information
contained in this Form is also thereby furnishing the information to the SEC
pursuant to Rule 12g3-2(b) under the Securities Exchange Act of 1934:
Yes No X
----- ---
If "Yes" is marked, indicate the file number assigned to the registrant
in connection with Rule 12g3-2(b): N/A
1
Exhibit Index
1. Press Release issued December 17, 2002 regarding EU Commission Decision
2
EXHIBIT 1
SGL Carbon to file an appeal with the European Court -
specialty graphite case is no new matter
WIESBADEN, Germany--(BUSINESS WIRE)--December 17, 2002. Within the context
of the well-known investigations into the graphite industry, which have been
ongoing since 1997, the European Commission today issued its decision against
graphite industry companies in specialty graphites and announced corresponding
fines.
Although financial markets expected higher fines, SGL Carbon considers the
fine of (euro) 27.75 million imposed is unjustified and will therefore file a
second appeal with the European Court. As repeatedly reported, there are no new
facts in this case. The case - also mentioned in today's announcement of the
EU Commission - is linked to the European Commission's investigations into the
graphite industry, which have been ongoing since 1997, and which led to the
well-publicized decision to impose fines in the area of graphite electrodes in
July 2001. SGL Carbon appealed against this previous fine to the European Court,
in particular on the grounds of unlawful double jeopardy (ne bis in idem
principle) as well as gross disproportionality. In view of the penalties already
imposed and the fact that it concerns the same events during the same period of
time and in the same environment, SGL Carbon is of the opinion that the European
Commission is not entitled to impose a further fine upon the Company and is
confident that this opinion will be confirmed by the court.
3
Important Notice:
This press release contains forward-looking statements as defined in the US
Private Securities Litigation Reform Act of 1995. It contains forward-looking
statements and information relating to sales and earnings figures, based on
currently available information. Actual future results and trends could differ
materially from those set forth in such statements due to various factors. Such
factors include unforeseeable alterations in electric steel production, the
possibility of changing economic and competitive conditions, changes in currency
rates, technological developments, unanticipated developments relating to
recently acquired businesses and Group companies, unforeseen difficulties
relating to the investigations by the European antitrust authorities and to the
now completed investigation by the Canadian and U.S. antitrust authorities and
the civil actions related to these investigations and other risks and
uncertainties, including those detailed in the Company's filings with the U.S.
Securities and Exchange Commission. SGL Carbon does not intend to update these
forward-looking statements, and does not assume any obligation to do so.
For further information, please contact:
Corporate Communications/Media Relations
Stefan Wortmann
Tel.: +49 611/60 29 105
Fax: +49 6 11/60 29 101
Mobil : 0049 170 / 540 2667
stefan.wortmann@sglcarbon.de
4
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of
1934, the registrant has duly caused this report to be signed on its behalf by
the undersigned, thereunto duly authorized.
SGL CARBON Aktiengesellschaft
Date: December 17, 2002 By: /s/ Robert J. Kohler
------------------------------
Name: Robert J. Koehler
Title: Chairman of the Board of
Management
By: /s/ Dr. Bruno Toniolo
-----------------------------
Name: Dr. Bruno Toniolo
Title: Member of the Board of Management
5