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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.
ECLI:EU:C:2010:157
62009CO0039
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(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
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.