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Case T-38/05: Judgment of the General Court of 12 October 2011 — Agroexpansión 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 — Attributability of the unlawful conduct — Maximum limit of 10 % of turnover — Deterrent effect — Equal treatment — Mitigating circumstances — Cooperation)
ECLI:EU:UNKNOWN:62005TA0038
62005TA0038
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26.11.2011
Official Journal of the European Union
C 347/26
(Case T-38/05)(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 - Equal treatment - Mitigating circumstances - Cooperation)
2011/C 347/37
Language of the case: Spanish
Parties
Applicant: Agroexpansión, SA (Madrid, Spain) (represented by: J. Folguera Crespo and P. Vidal Martínez, lawyers)
Defendant: European Commission (represented by: F. Castillo de la Torre, É. Gippini Fournier and J. Bourke, Agents)
Re:
Action for partial annulment of Decision C(2004) 4030 final of the Commission of 20 October 2004, relating to a proceeding under Article 81(1) [EC] (Case COMP/C.38.238/B.2 — Raw tobacco — Spain) and application for reduction in the amount of the fine imposed on the applicant in that decision.
Operative part of the judgment
The Court:
1.Fixes the amount of the fine imposed on Agroexpansión, SA under Article 3 of Decision C(2004) 4030 final of the Commission 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 2 430 000.
2.Dismisses the action to the remainder.
3.Orders Agroexpansión to bear nine-tenths of its own costs and to pay nine-tenths of the costs incurred by the European Commission; orders the European Commission to bear one-tenth of its own costs and to pay one-tenth of the costs incurred by the applicant.
(1)
OJ C 82, 2.4.2005.