Case T-33/05: Action brought on 21 January 2005 by Compañía Española de Tabaco en Rama against the Commission of the European Communities
Date: 2005-01-21
Institutions: Court of First Instance
Subjects: European Commission, Spain, action for annulment (EU), fine, sanction (EU), tobacco industry, unlawful agreement

C 82/42

EN

Official Journal of the European Union

2.4.2005

Action brought on 21 January 2005 by Compañía Española
de Tabaco en Rama against the Commission of the Euro-
pean Communities

— Incorrect assessment of the applicant's participation in the
practices complained of, which was based solely on its
market share and failed to take account of other factors
which distinguish its position.

(Case T-33/05)

(2005/C 82/74)

(Language of the case: Spanish)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 21 January 2005 by Compañía
Española de Tabaco en Rama S.A., established in Navalmoral
de la Mata (Spain), represented by Marcos Araujo, of
the
Madrid Bar.

The applicant claims that the Court should:

1. annul

the Commission Decision of 20 October 2004
relating to a proceeding under Article 81(1) of
the EC
Treaty [C(2004) 4030 final] in Case COMP/C.38.238/B.2 –
Raw Tobacco Spain;

2. order the Commission to pay the costs.

Pleas in law and main arguments

The decision at issue is the same as in case T-24/05 Standard
Commercial and Others v Commission (1).

All the allegations are based on the principle of proportionality.
That is clear from the fact that the practices investigated were
engaged in a market of EUR 25 million and that the fines
imposed amount
In particular,
CETARSA was unprepared for a fine equivalent to 7.5 % of its
turnover in 2003.

the same sum.

to almost

— The methodology used by the Commission in order to
determine the basic amounts leads to the imposition of
disproportionate fines in the case of small undertakings,
such as the applicant.

— Arbitrary application of the Leniency Notice without any
justification by the Commission of that difference in treat-
ment and the breach of the applicant's rights of defence.

(1) Not yet published in the Official Journal.

Action brought on 21 January 2005 by World Wide
Tobacco España against the Commission of the European
Communities

(Case T-37/05)

(2005/C 82/75)

(Language of the case: Spanish)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 21 January 2005 by World Wide
Tobacco España (WWTE) S.A. of Madrid (Spain), represented
by Miguel Odriozola Alén, Marta Marañón Hermoso and
Adrian Emch, of the Madrid Bar.

In support of
following pleas:

its arguments

the applicant

relies on the

The applicant claims that the Court should:

— Infringement of the principle of equal treatment arising
from the imposition of substantial fines on processors and
token fines on producers on the basis of arguments applic-
able to both sectors.

1. reduce the fine imposed on WWTE in Article 3 of the

Commission Decision of 20 October 2004;

2. order the Commission to pay the costs.

— Incorrect assessment of

the facts of

the case (official
support for regulation of the sector by way of agreements
between producers and processors, the limited scale of the
markets affected, the absence of effects, etc) which would
have justified considering the practices involved as 'serious'
conduct, rather than 'very serious'

Pleas in law and main arguments

— Incorrect assessment of the duration of the practices.

The decision at issue is the same as in case T-24/05 Standard
Commercial and Others v Commission (1).