26.11.2011

Official Journal of the European Union

C 347/26

(Case T-41/05)(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 - Attributability of the unlawful conduct - Maximum limit of 10 % of turnover - Deterrent effect - Attenuating circumstances)

2011/C 347/38

Language of the case: English

Parties

Applicants: Alliance One International Inc., formerly Dimon Inc. (Danville, Virginia, United States) (represented initially by L. Bergkamp, H. Cogels, J. Dhont, M. Marañon Hermoso and A. Emch, and subsequently by M. Odriozola Alén, J. Folguera Crespo, P. Vidal Martínez, M. Barrantes Diaz and A. João Vide, lawyers)

Defendant: European Commission (represented initially by É. Gippini Fournier and F. Amato, and subsequently by É. Gippini Fournier, N. Khan and J. Bourke, Agents)

Re:

APPLICATION for the partial 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) and, in the alternative, for a reduction in the fine imposed on the applicant in that decision.

Operative part of the judgment

The Court:

1.Sets the part of the fine imposed on Agroexpansión, SA 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), for the payment of which Alliance One International, Inc. is held jointly and severally liable with Agroexpansión, at EUR 2 187 000;

2.Dismisses the action as to the remainder;

3.Orders Alliance One International to bear nine tenths of its own costs and to pay nine tenths of the costs incurred by the European Commission, and the Commission to bear one tenth of its own costs and to pay one tenth of those incurred by Alliance One International.

(1)

OJ C 93, 16.4.2005.