Judgment — ECLI:EU:T:2011:24
Date: 2011-02-03
Language of the case: Spanish
Court formation: Fourth Chamber
Subject matter: Competition;Agreements, decisions and concerted practices
Procedure: Action for annulment - unfounded;Appeal against penalty - unfounded;Appeal against penalty - successful
Origin: Spain

Judgment of the General Court of 3 February 2011 -Cetarsa v Commission (Case T-33/05) 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 - Gravity and duration of the infringement - Equal treatment - Principle of proportionality - Maximum limit of 10% of turnover - Cooperation) Language of the case: Spanish Parties Applicant: Compañía española de tabaco en rama, SA (Cetarsa) (Navalmoral de la Mata, Spain) (represented by: M. Araujo Boyd, J. Buendía Sierra and A. Givaja Sanz, lawyers) Defendant: European Commission (represented by: F. Castillo de la Torre and É. Gippini Fournier, acting as Agents) Re: 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 of the judgment The Court: 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 3 147 000; Dismisses the action as to the remainder; Dismisses the European Commission's counterclaim; 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. ____________ 1 - OJ C 82, 2.4.2005.