Judgment — ECLI:EU:T:2009:344
Date: 2009-09-23
Language of the case: Spanish
Court formation: Seventh Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries
Concepts: Export refunds
Procedure: Action for annulment - successful
Origin: Spain

Judgment of the Court of First Instance (Seventh Chamber) of 23 September 2009 – Spain v Commission (Case T-341/05) Agriculture – Common organisation of the market in milk and milk products – Abolition of export refunds for all milk products to Ceuta and Melilla – Conditions – Principle of non-discrimination – Proportionality Agriculture – Common organisation of the markets – Milk and milk products – Export refunds (Art. 34(2), second para., EC; Council Regulation No 1255/1999, Art. 31(2)(c) and (3); Commission Regulation No 909/2005) (see paras 21, 38, 48-49, 69, 72, 74, 94-96) Re: APPLICATION for annulment of Commission Regulation (EC) No 909/2005 of 16 June 2005 fixing the export refunds on milk and milk products (OJ 2005 L 154, p. 10), in so far as its Annex includes Ceuta and Mellila among the destinations grouped together under the destination L 01. Operative part The Court: 1. Annuls Commission Regulation (EC) No 909/2005 of 16 June 2005 fixing the export refunds on milk and milk products, in so far as it mentions Ceuta et Melilla among the destinations grouped together under the destination L 01; 2. Orders the Commission of the European Communities to pay the costs.