Judgment of the General Court of 8 September 2010 - Deltafina v 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 - Consistency between the statement of objections and the contested decision - Rights of the defence - Definition of the relevant market - Fines - Gravity of the infringement - Aggravating circumstances - Role as leader - Cooperation)
Language of the case: Italian
Parties
Applicant: Deltafina SpA (Orvieto, Italy) (represented by: R. Jacchia, A. Terranova, I. Picciano, F. Ferraro, J.-F. Bellis and F. Di Gianni, lawyers)
Defendant: European Commission (represented by: initially, É. Gippini Fournier and F. Amato and, subsequently, É. Gippini Fournier and V. Di Bucci, acting as Agents)
Re:
Application for annulment of Commission Decision C (2004) 4030 final of 20 October 2004 relating to a proceeding under Article 81 [EC] (Case COMP/C.38.238.B.2 - Raw tobacco - Spain) and, in the alternative, a reduction in the fine imposed on the applicant in the decision.
Operative part of the judgment
The Court:
Sets the amount of the fine imposed on Deltafina SpA by 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 6 120 000.
Dismisses the action as to the remainder.
Orders Deltafina to bear three quarters of its own costs and pay three quarters of the costs incurred by the Commission and the Commission to bear one quarter of its own costs and pay one quarter of those incurred by Deltafina.
____________1 - OJ C 82, 2.4.2005.