Judgment — ECLI:EU:C:2012:455
Date: 2012-07-12
Language of the case: Spanish
Court formation: Sixth Chamber
Subject matter: Competition;Agreements, decisions and concerted practices
Procedure: Action for annulment;Appeal - unfounded;Appeal - inadmissible;Appeal against penalty
Origin: Spain

summary of the pleas in law on which the application is based — Inadmissibility (Rules of Procedure of the Court of Justice, Arts 44(1)(c) and 48(2)) (see para. 64) 6. Appeals — Grounds — Inadequate statement of reasons — Reliance by the General Court on implied reasoning — Lawfulness — Conditions (Art. 256 TFEU; Statute of the Court of Justice, Arts 36 and 53(1)) (see paras 71, 101) 7. Competition — Fines — Amount — Determination — Maximum amount — Calculation — Distinction between the final amount and the intermediate amount of the fine — Consequences (Council Regulation No 1/2003, Art. 23(2)(2)) (see paras 80-85) Re: Appeal against the judgment of the General Court (Fourth Chamber) of 3 February 2011 in Case T‑33/05 Cetarsa v Commission , by which that Court dismissed an application for 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 a cross-appeal by the Commission seeking to have the amount of the fine imposed on the applicant increased. Operative part The Court: 1. Dismisses the appeal and the cross-appeal; 2. Orders Compañía Española de Tabaco en Rama, SA (Cetarsa) to pay the costs of the appeal; 3. Orders the European Commission to pay the costs of the cross-appeal.