CELEX: 62005TJ0341
Language: en
Date: 2009-09-23
Title: Judgment of the Court of First Instance (Seventh Chamber) of 23 September 2009.#Kingdom of Spain v Commission of the European Communities.#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.#Case T-341/05.

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.