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C 82/42 EN Official Journal of the European Union 2.4.

2005

Action brought on 21 January 2005 by Compañía Española — Incorrect assessment of the applicant's participation in the
de Tabaco en Rama against the Commission of the Euro- practices complained of, which was based solely on its
pean Communities market share and failed to take account of other factors
which distinguish its position.

(Case T-33/05)
— 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,
(2005/C 82/74) such as the applicant.

(Language of the case: Spanish) — 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.

An action against the Commission of the European Commu- (1) Not yet published in the Official Journal.
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:


Action brought on 21 January 2005 by World Wide
Tobacco España against the Commission of the European
1. annul the Commission Decision of 20 October 2004 Communities
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;
(Case T-37/05)
2. order the Commission to pay the costs.

(2005/C 82/75)

Pleas in law and main arguments


(Language of the case: Spanish)
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. An action against the Commission of the European Commu-
That is clear from the fact that the practices investigated were nities was brought before the Court of First Instance of the
engaged in a market of EUR 25 million and that the fines European Communities on 21 January 2005 by World Wide
imposed amount to almost the same sum. In particular, Tobacco España (WWTE) S.A. of Madrid (Spain), represented
CETARSA was unprepared for a fine equivalent to 7.5 % of its by Miguel Odriozola Alén, Marta Marañón Hermoso and
turnover in 2003. Adrian Emch, of the Madrid Bar.

In support of its arguments the applicant relies on the


following pleas: The applicant claims that the Court should:

— Infringement of the principle of equal treatment arising 1. reduce the fine imposed on WWTE in Article 3 of the
from the imposition of substantial fines on processors and Commission Decision of 20 October 2004;
token fines on producers on the basis of arguments applic-
able to both sectors.
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 Pleas in law and main arguments
have justified considering the practices involved as 'serious'
conduct, rather than 'very serious'
The decision at issue is the same as in case T-24/05 Standard
— Incorrect assessment of the duration of the practices. Commercial and Others v Commission (1).