Case T-128/05: Judgment of the Court of First Instance (Eighth Chamber) of 13 November 2008 — SPM v Council and Commission (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)
Date: 2008-11-13
Institutions: Court of First Instance
Subjects: ACP countries, Council of the European Union, European Commission, appeal to the Court (EU), import licence, indemnification, infringement of EU law, invoicing, restriction on competition, tropical fruit

C 6/20

EN

Official Journal of the European Union

10.1.2009

Judgment of the Court of First Instance (Eighth Chamber)
of 13 November 2008 — SPM v Council and Commission

Judgment of the Court of First Instance of 20 November
2008 — Italian Republic v Commission

(Case T-128/05) (1)

(Case T-185/05) (1)

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

(2009/C 6/39)

Language of the case: French

(Rules on languages — Implementing rules for recruitment to
the European Union Civil Service — Action for annulment
under Article 230 EC — Action brought by a Member State
against,
first, a Commission decision to publish vacancy
notices for senior management posts in English, French and
German and, second, a Commission vacancy notice published
in those three languages for the post of Director-General of
OLAF — Admissibility — Time-limit for bringing an action
— Measures against which an action may be brought —
Statement of reasons — Articles 12 EC, 230 EC and 290 EC
— Regulation No 1 — Articles 1d and 27 of the Staff Regu-
lations — Principle of non-discrimination)

Parties

Applicant: Société des plantations de Mbanga SA (SPM) (Douala,
(represented initially by P. Soler Couteaux and
Cameroon)
S. Cahn, then by S. Cahn, B. Doré and A. Farache, lawyers)

Parties

(2009/C 6/40)

Language of the case: Italian

Defendants: Council of
the European Union (represented by:
A. De Gregorio Merino, M. Balta and A. Westerhoff Löfflerova,
Agents) and Commission of the European Communities (repre-
sented by: F. Clotuche-Duvieusart and L. Visaggio, Agents)

Re:

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 establish-
ment 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 of the judgment

The Court:

1. dismisses the action;

Applicant:
M. Fiorilli, avvocati dello Stato)

Italian Republic (represented by:

I. Braguglia and

Defendant: Commission of the European Communities (repre-
sented by: L. Cimaglia and P. Aalto, Agents)

Interveners in support of the applicant: Kingdom of Spain (repre-
sented by: F. Díez Moreno, abogado del Estado); and Republic of
Latvia (represented initially by: E. Balode-Buraka, and subse-
quently by: L. Ostrovska, Agents)

Re:

APPLICATION for annulment, first, of the decision adopted by
the Commission at its 1678th meeting on 10 November 2004,
whereby external publications of the vacancy notices for senior
management posts in the Official Journal of the European Union
would be in English, French and German for a period that
would in principle end on 1 January 2007 and, second, of
vacancy notice COM/2005/335 for the post of Director-General
(grade A*15/A*16) of the European Anti-Fraud Office (OLAF),
published by the Commission on 9 February 2005 (OJ 2005
C 34 A, p. 3).

2. orders Société des plantations de Mbanga SA (SPM) to pay the

costs.

Operative part of the judgment

The Court:

(1) OJ C 171, 9.7.2005.

1. Annuls the decision adopted by the Commission at its 1678th
meeting on 10 November 2004, whereby external publications of
the vacancy notices for senior management posts in the Official
Journal of the European Union would henceforth be in English,
French and German for a period ending 1 January 2007;