Case T-104/06: Action brought on  3 April 2006  — Société des plantations de Mbanga (S.P.M.) v Commission of the European Communities
Date: 2006-06-03
Institutions: Court of First Instance
Subjects: ACP countries, European Commission, action for annulment (EU), import, import licence, originating product, tariff quota, tropical fruit

3.6.2006

EN

Official Journal of the European Union

C 131/45

In support of its action, the applicant relies on four pleas in
law, the first alleging a breach of formal legality, i.e. breach of
Regulation No 659/1999 by the Commission in taking a deci-
sion to refer certain measures back for further consideration
and breach by the Commission of Article 88(2) EC in refusing
to initiate the formal investigation procedure.

In its second plea the applicant asserts that by holding that the
measures relating to the creation and operation of Banque
Postale did not constitute State aid, the Commission made
several errors of assessment regarding, inter alia, the economic
advantages alleged in the complaint and that therefore it had
misinterpreted Articles 87 and 88 EC.

In its third plea the applicant alleges that the Commission's
decision is vitiated by formal defects owing to the Commis-
sion's failure to give reasons for its refusal to deal with the
fundamental objections raised by the applicant in its complaint
and also contradictory reasoning and lack of
reasoning
regarding certain specific points dealt with in the decision.

In its fourth plea the applicant alleges that the Commission
breached Articles 43, 82 and 86 EC by failing to take account
in its decision of the interference with freedom of establishment
and free competition posed by the measures relating to the
purpose of the State aid as inferred from Livret A.

(1) OJ 1999 L 83, p. 1

Action brought on 3 April 2006 — Société des plantations
the European
de Mbanga (S.P.M.) v Commission of

Communities

(Case T-104/06)

(2006/C 131/84)

Language of the case: French

Parties

Applicant: Société des plantations de Mbanga (S.P.M.) (Douala,
Cameroon) (represented by: B.-L. Doré, lawyer)

Defendant: Commission of the European Communities

Form of order sought

— Grant all of its claims;

— annul Commission Regulation (EC) No 219/2006 of 8
February 2006 opening and providing for the administra-
tion of the tariff quota for bananas falling under CN code
0803 00 19 originating in ACP countries for the period 1
March to 31 December 2006;

— order the Commission to pay all the costs and expenses.

Pleas in law and main arguments

for the months of

In the context of the amendments to the specific regime for
the
trade quotas with non-Member States forming part of
measures of market organisation in the banana sector, Council
Regulation No 1964/2005 of 29 November 2005 (1), among
other things, conferred on the Commission the power to enact
the measures necessary to implement that regulation, as well as
transitional measures relating to the management of the tariff
quota for bananas originating in ACP countries. In that context,
the Commission maintained in its Regulation No 2015/2005
of 9 December 2005 (2),
January and
February 2006, the system of granting import licences on the
basis of historic references (3). As that regulation was, by defini-
tion, transitional, on 8 February 2006 the Commission adopted
Regulation No 219/2006 opening and providing for
the
administration of the tariff quota for bananas falling under CN
code 0803 00 19 originating in ACP countries for the period 1
March to 31 December 2006 (4).
the
Commission adopted a method of administering the tariff
quota which provides that the quota is to be used by chronolo-
gical order of acceptance of the declarations for release for free
circulation (the ‘first come, first served’ method) and reserves,
as a transitional measure, part of the tariff quota for operators
who supplied the Community with ACP bananas under the
import arrangements previously in force. The annulment of
that regulation is sought in this action.

regulation,

In that

In the present action, the applicant claims that the contested
regulation is legally flawed in a number of respects in that the
effect of its provisions is that, whilst 60 % of the tariff quota is
administered according to the new method, 40 % is still admi-
nistered by granting licences on the basis of historic references.
In support of its claim, the applicant relies of the same pleas in
law and arguments as those put forward in its claim in Case T-
447/05 (5).

(1) Regulation (EC) No 1964/2005 of 29 November 2005 on the tariff

rate for bananas (OJ 2005 L 316, p. 1)

(2) Commission Regulation (EC) No 2015/2005 of 9 December 2005
on imports during January and February 2006 of bananas origin-
ating in ACP countries under the tariff quota opened by Council
Regulation (EC) No 1964/2005 on the tariff rates for bananas (OJ
2005 L 324, p. 5)

(3) The applicant seeks annulment of that regulation in Case T-447/05
(4) OJ 2006 L 38, p. 22
(5) See notice in OJ 2006 C 74, p. 24