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Case T-37/05: Judgment of the General Court (Fourth Chamber) of 8 March 2011 — World Wide Tobacco España v Commission (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 — Deterrent effect — Equal treatment — Mitigating circumstances — Maximum limit of 10 % of turnover — Cooperation)
ECLI:EU:UNKNOWN:62005TA0037
62005TA0037
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16.4.2011
Official Journal of the European Union
C 120/11
(Case T-37/05) (<span class="super">1</span>)
(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 - Deterrent effect - Equal treatment - Mitigating circumstances - Maximum limit of 10 % of turnover - Cooperation)
2011/C 120/27
Language of the case: Spanish
Parties
Applicant: World Wide Tobacco España SA (Madrid, Spain) (represented by: initially M. Odriozola Alén, M. Marañon Hermoso and A. Emch, then M. Odriozola Alén, M. Barrantes Diaz and A. João Vide, lawyers)
Defendant: European Commission (represented by: F. Castillo de la Torre and É. Gippini Fournier, agents)
Re:
Application for a reduction of the fine imposed on the applicant in the 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.
Operative part of the judgment
The Court:
1.sets the amount of the fine imposed on World Wide Tobacco España SA in Article 3 of the 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 1 579 500;
2.dismisses the action as to the remainder;
3.orders World Wide Tobacco España to bear three quarters of its own costs and three quarters of the costs incurred by the Commission, and orders the Commission to bear one quarter of its own costs and one quarter of the costs incurred by World Wide Tobacco España.
(<span class="note">1</span>) OJ C 82, of 2.4.2005.