(Case T-37/05)

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

4. Competition – Procedure – Application initiating proceedings – Formal requirements – Brief summary of the pleas in law on which the application is based – None – Inadmissibility – Arguments developed in the reply – No effect (Statute of the Court of Justice, Art. 21; Rules of Procedure of the General Court, Art. 44(1)(c)) (see paras 130-131, 136)

6. Competition – Fines – Amount – Determination – Criteria – Mitigating circumstances – First case applying competition rules to a given sector of the economy – Infringement ceasing after the Commission’s intervention – Inclusion – Conditions – Discretion of the Commission (Council Regulations Nos 17, Art. 15(2), and 1/2003, Art. 23(2); Commission Communication 98/C 9/03, Section 3, third indent) (see paras 160, 162-163)

Re:

APPLICATION for a reduction of the fine imposed on the applicant in 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

The Court:

1.Sets the amount of the fine imposed on World Wide Tobacco España 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) 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.