CELEX: 62009CO0039
Language: en
Date: 2010-03-22 00:00:00
Title: Order of the Court (Seventh Chamber) of 22 March 2010. # Société des plantations de Mbanga SA (SPM) v Council of the European Union and European Commission. # Appeal - Article 119 of the Rules of Procedure of the Court of Justice - Non-contractual liability of the Community - Common organisation of the banana market - Arrangements for importing bananas originating in ACP countries into the Community - Loss allegedly suffered by an independent producer - Failure to comply with the rules on competition in the field of the common agricultural policy - Infringement of general principles of law and, in particular, of the principle of sound administration - Appeal manifestly inadmissible or manifestly unfounded. # Case C-39/09 P.

Order of the Court (Seventh Chamber) of 22 March 2010 – SPM v Council and Commission
      (Case C‑39/09 P)
      Appeal – Article 119 of the Rules of Procedure of the Court of Justice – Non-contractual liability of the Community – Common organisation of the banana market – Arrangements for importing bananas originating in ACP countries into the Community – Loss allegedly suffered by an independent producer – Failure to comply with the rules on competition in the field of the common agricultural policy – Infringement of general principles of law and, in particular, of the principle of sound administration – Appeal manifestly inadmissible or manifestly unfounded
      1.                     Agriculture – Common organisation of the markets – Bananas – System of importation – Tariff quota – Allocation and distribution
            (Council Regulation No  404/93, Art. 19) (see paras 38-40)
      2.                     Agriculture – Common agricultural policy – Paramountcy in relation to objectives of the Treaty in the sphere of competition
            (Art. 36 EC; Council Regulation No 404/93) (see paras 47-48)
      3.                     Agriculture – Common organisation of the markets – Bananas – System of importation – Amendment of the legislation on allocation
            of tariff quotas –Measures intended to ensure the viability of independent ACP producers – None (Council Regulations No 404/93,
            as amended by No 1637/98, and No 856/1999; Commission Regulations No 2362/98 and No 896/2001) (see paras 68-74)
      4.                     Non-contractual liability – Conditions – Unlawfulness – Provision without direct effect (Art. 288, second para., EC) (see
            paras 78-79)
      Re:
      
         Appeal brought against the judgment of the Court of First Instance (Eighth Chamber) of 13 November 2008 in Case T-128/05 
               SPM
                v 
               Council and Commission
               , by which the Court dismissed the appellant’s action seeking damages for the loss which it suffered as a result of the allegedly
                  illegal rules adopted by the Council and the Commission on the import of bananas into the Community – Non-contractual liability
                  of the Community – Bananas originating in ACP countries – Loss allegedly suffered by an independent producer – Failure to
                  comply with the rules on competition in the field of the common agricultural policy – Infringement of general principles of
                  law and, in particular, of the principle of sound administration.
               
            Operative part: 
      
         
                  1.
               
               
                  
               
               
                  	The appeal is dismissed.
               
            
         
                  2.
               
               
                  
               
               
                  	Société des plantations de Mbanga SA (SPM) is ordered to pay the costs.