Judgment of the General Court (Fourth Chamber) of 3 February 2011.#Compañía española de tabaco en rama, SA (Cetarsa) v European Commission.#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.#Case T-33/05.

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.