62005TJ0033_EN
Subject of the case
Operative part
Subject of the case
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
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.