19.11.2011

Official Journal of the European Union

C 340/15

(Case T-11/06)(1)

(Competition - Agreements, decisions and concerted practices - Italian market for the purchase and first processing of raw tobacco - Decision finding an infringement of Article 81 EC - Price-fixing and market-sharing - Participation in the infringement - Duration of the infringement - Fines - Attenuating circumstances - Maximum limit of 10 % of turnover - Equal treatment - Power of unlimited jurisdiction)

2011/C 340/27

Language of the case: Italian

Parties

Applicant: Romana Tabacchi Srl, formerly Romana Tabacchi SpA (Rome, Italy) (represented by: M. Siragusa and G.C. Rizza, lawyers)

Defendant: European Commission (represented initially by É. Gippini Fournier and F. Amato, subsequently by É. Gippini Fournier and V. Di Bucci, and finally by É. Gippini Fournier and L. Malferrari, Agents)

Re:

APPLICATION for partial annulment of Commission Decision C(2005) 4012 final of 20 October 2005 relating to a proceeding under Article 81(1) [EC] (Case COMP/C.38.281/B.2 — Raw tobacco — Italy) and, in the alternative, for a reduction in the fine imposed on the applicant.

Operative part of the judgment

The Court:

1.Annuls Article 1(b) of Commission Decision C(2005) 4012 final of 20 October 2005 relating to a proceeding under Article 81(1) [EC] (Case COMP/C.38.281/B.2 — Raw tobacco — Italy) in so far as the European Commission found therein that Romana Tabacchi Srl had participated in the infringement beyond February 1999;

2.Sets the amount of the fine imposed on Romana Tabacchi at EUR 1 million;

3.Dismisses the action as to the remainder;

4.Orders the Commission to bear its own costs and to pay those incurred by Romana Tabacchi;

5.Orders the Commission to bear its own costs and to pay those incurred by Romana Tabacchi in Case T-11/06 R.

(1)

OJ C 60, 11.3.2006.