CELEX: 62005TJ0128
Non-contractual liability of the Community
Common organisation of the markets
Bananas
Rules for importing of bananas from ACP countries into the European Union
Lawful or unlawful conduct
Loss allegedly suffered by independent ACP producer

ACTION for damages pursuant to Article 235 EC and the second paragraph of Article 288 EC, based, principally, on the unlawful
conduct of the Council and the Commission in the establishment of the rules relating to the import of bananas into the Community
and, alternatively, on the liability of the Community in the absence of unlawful conduct by those two institutions.
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Société des plantations de Mbanga SA (SPM) to pay the costs.