Brussels, 06/10/2011 (Agence Europe) - In its ruling of Wednesday 5 October, the EU General Court reduced the fine imposed by the Commission in October 2005 on Romana Tabbachi Srl from €2.05 million to €1 million. The fine was for the company's participation, with three other companies (the fourth being Deltafina), in a cartel on the Italian raw tobacco market (see EUROPE 9053). On the other hand, the Court confirmed the fines of €3.99 and €14 million imposed on Mindo (former Dimon Italia) and Transcatab respectively, for the same offence. These three companies are currently in liquidation.
The cartel implemented on the Italian raw tobacco market had as its object, among other things, collusion on the prices to be paid to tobacco producers and to intermediaries, between 1995 and 2002. Such insider dealing had given rise to an overall fine of €56 million.
As far as Romana is concerned (Case T-11/06), the General Court considers that, when calculating the fine on that company, the Commission had erred in its assessment of the facts as regards the duration of Romana Tabbachi's participation in the cartel, and infringed the principle of equal treatment when assessing the specific weight of that participation. In particular, the Commission determined the weight of the undertakings which participated in the cartel according to their market shares during the last full year of the infringement, namely in 2001. As regards Romana Tabbachi, the Commission was not entitled to regard that year as the last full year of its participation in the cartel, as Romana had only participated in the cartel in a fragmented manner, only resuming participation from May 2001. Such an error had led to the company being placed in a category of undertakings that was not appropriate and, because of this, the amount of the fine was disproportionate compared to the real weight in the infringement.
The General Court rejected the arguments put forward by Transcatab and called for the fine to be reduced, confirming the sum of €14 million.
Finally, with respect to the case involving Mindo, the General Court concluded that there was no need to adjudicate on the action brought forward, given that the whole amount of the fine imposed had already been paid by the company's jointly and severally liable co-debtor, Alliance One International. Also, Mindo had failed to demonstrate to the requisite legal standard that it had a vested and present interest in pursuing the proceedings. (FG/transl.jl)