Judgment of the Court (Sixth Chamber) of 12 July 2012 --
   Cetarsa v Commission
   (Case C-181/11 P)

   Appeal -- 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 -- Equal treatment -- Maximum
   limit of 10% of turnover -- Cooperation -- Distortion of evidence --
   Manifest error of assessment -- Failure to state reasons

   1.                     Appeals -- Grounds -- Mistaken assessment of the
   facts -- Inadmissibility -- Review by the Court of the assessment of
   the facts and evidence -- Possible only where the clear sense of the
   evidence has been distorted -- Plea alleging distortion of the clear
   sense of the evidence -- Necessity of indicating precisely the evidence
   alleged to have been distorted and showing the errors of appraisal
   which led to that distortion (Art. 256 TFEU; Statute of the Court of
   Justice, Art. 58(1); Rules of Procedure of the Court of Justice,
   Art. 112(1)(1)(c)) (see paras 56, 57, 96, 97)

   2.                     Appeals -- Grounds -- Distortion of national law
   relied on as evidence -- Admissibility (Art. 256 TFEU; Statute of the
   Court of Justice, Art. 58(1)) (see para. 59)

   3.                     Judicial proceedings -- Introduction of new
   pleas during the proceedings -- Conditions -- Application to the appeal
   procedure (Rules of Procedure of the Court of Justice, Arts 42(2) and
   118) (see paras 60, 61)

   4.                     Appeals -- Grounds -- Plea submitted for the
   first time in the context of the appeal -- Inadmissibility (Statute of
   the Court of Justice, Art. 58; Rules of Procedure of the Court of
   Justice, Art. 113(2)) (see para. 62)

   5.                     Judicial proceedings -- Application initiating
   proceedings -- Formal requirements -- No brief summary of the pleas in
   law on which the application is based -- Inadmissibility (Rules of
   Procedure of the Court of Justice, Arts 44(1)(c) and 48(2)) (see
   para. 64)

   6.                     Appeals -- Grounds -- Inadequate statement of
   reasons -- Reliance by the General Court on implied reasoning --
   Lawfulness -- Conditions (Art. 256 TFEU; Statute of the Court of
   Justice, Arts 36 and 53(1)) (see paras 71, 101)

   7.                     Competition -- Fines -- Amount --
   Determination -- Maximum amount -- Calculation -- Distinction between
   the final amount and the intermediate amount of the fine --
   Consequences (Council Regulation No 1/2003, Art. 23(2)(2)) (see
   paras 80-85)

   Re:

   Appeal against the judgment of the General Court (Fourth Chamber) of
   3 February 2011 in Case T-33/05 Cetarsa v Commission , by which that
   Court dismissed an application for 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),
   and a cross-appeal by the Commission seeking to have the amount of the
   fine imposed on the applicant increased.

   Operative part

   The Court:

   1.

   Dismisses the appeal and the cross-appeal;

   2.

   Orders Compañía Española de Tabaco en Rama, SA (Cetarsa) to pay the
   costs of the appeal;

   3.

   Orders the European Commission to pay the costs of the cross-appeal.