25.6.2011

Official Journal of the European Union

C 186/14

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(Case C-181/11 P)

2011/C 186/24

Language of the case: Spanish

Parties

Appellant: Compañía Española de Tabaco en Rama, S.A. (Cetarsa) (represented by: M. Araujo Boyd, J. Buendía Sierra and Á. Givaja Sanz, abogados)

Other party to the proceedings: European Commission

Form of order sought

—Set aside the judgment under appeal,

—annul Commission Decision C(2004) final of 20 October 2004, relating to a proceeding under Article 81(1) EC (Case COMP/C.38.238/B.2 — Raw Tobacco — Spain),

—alternatively, reduce the amount of the fine imposed on it under Article 3 of the contested Decision, setting the new amount of the fine at EUR 1 000 or, alternatively, if the fine imposed should not be the same as for the producers, set the fine at EUR 2 905 200, obtained by applying the attenuating factor of 40 % to the maximum limit of 10 % of the turnover, irrespective of the subsequent reduction applicable to Cetarsa by virtue of its cooperation with the investigation as acknowledged by the General Court,

—order the Commission to pay the costs.

Pleas in law and main arguments

The appellant claims that in the judgment under appeal the General Court erred in law in relation to the legal impact of the national legal framework on the legality of the conduct of Cetarsa.

The appellant also alleges that the General Court erred in law by distorting elements of the national legislation in force at the time of the infringement that led it, erroneously, to consider that the conduct of the processors was more harmful than that of the producers and that, by their actions, the processors went beyond what was allowed by the national legal framework.

Finally, the appellant claims that, unlike the case of the other companies involved, the reduction granted by virtue of the uncertainty caused by the national legislation has had no impact on the calculation of the fine imposed on Cetarsa.

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