Key facts of the case:
(Appeal — Agreements, decisions and concerted practices — Italian market for the purchase and first processing of raw tobacco — Decision finding an infringement of Article 81 EC — Immunity from fines Immunity from fines — Obligation to cooperate — Rights of the defence — Limits of judicial review — Right to fair legal process — Hearing of witnesses or of parties — Reasonable time — Principle of equal treatment)
Results (sanctions) and key consequences of the case:
94. In accordance with the first paragraph of Article 184(2) of the Rules of Procedure of the Court of Justice, where the appeal is unfounded, the Court shall make a decision as to costs. Under Article 138(1) of those rules, which apply to the procedure on appeal by virtue of Article 184(1) of those rules, the unsuccessful party must be ordered to pay the costs if they have been applied for in the successful party’s pleadings.
95. Since the Commission has applied for costs to be awarded against Deltafina, and as the latter has been unsuccessful, Deltafina must be ordered to pay the costs of these proceedings.
On those grounds, the Court (Second Chamber) hereby:
- Dismisses the appeal;
- Orders Deltafina SpA to pay the costs.