19.3.2011

Official Journal of the European Union

C 89/14

(Case T-33/05)(*1)

(Competition - Agreements, decisions and concerted practices - Spanish market for the purchase and first processing of raw tobacco - Decision finding an infringement of Article 81 EC - Price fixing and market-sharing - Fines - Gravity and duration of the infringement - Equal treatment - Principle of proportionality - Maximum limit of 10 % of turnover - Cooperation)

2011/C 89/31

Language of the case: Spanish

Parties

Applicant: Compañía española de tabaco en rama, SA (Cetarsa) (Navalmoral de la Mata, Spain) (represented by: M. Araujo Boyd, J. Buendía Sierra and A. Givaja Sanz, lawyers)

Defendant: European Commission (represented by: F. Castillo de la Torre and É. Gippini Fournier, acting as Agents)

Re:

Firstly, an application for the annulment of Commission Decision C(2004) 4030 final of 20 October 2004 relating to a proceeding under Article 81(1) EC (Case COMP/C.38.238/B.2 — Raw Tobacco — Spain), secondly and in the alternative, an application for the reduction of the amount of the fine imposed on the applicant in that decision and, thirdly, a counterclaim by the Commission seeking to have that amount increased.

Operative part of the judgment

The Court:

1.Sets the amount of the fine imposed on Compañía española de tabaco en rama, SA (Cetarsa) in Article 3 of Commission Decision C(2004) 4030 final of 20 October 2004 relating to a proceeding under Article 81(1) EC (Case COMP/C.38.238/B.2 — Raw Tobacco — Spain) at EUR 3 147 000;

2.Dismisses the action as to the remainder;

3.Dismisses the European Commission’s counterclaim;

4.Orders Cetarsa to bear eight-tenths of its own costs and eight-tenths of the costs incurred by the Commission, and orders the Commission to bear two-tenths of its own costs and two-tenths of the costs incurred by Cetarsa.

(*1) OJ C 82, 2.4.2005.