CELEX: 62005TJ0033
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
Gravity and duration of the infringement
Equal treatment
Principle of proportionality
Maximum limit of 10% of turnover
Cooperation

Firstly, an application for the 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); secondly, and in the alternative, an application for
the reduction of the amount of the fine imposed on the applicant in that decision; and, thirdly, a counterclaim by the Commission
seeking to have that amount increased.
Operative part
The Court:
1.
Sets the amount of the fine imposed on Compañía española de tabaco en rama, SA (Cetarsa) 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 3 147 300;
2.
Dismisses the action as to the remainder;
3.
Dismisses the European Commission’s counterclaim;
4.
Orders Cetarsa to bear eight tenths of its own costs and eight tenths of the costs incurred by the Commission, and orders
the Commission to bear two tenths of its own costs and two tenths of the costs incurred by Cetarsa.