(Case T-128/05)

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

4. International agreements – Agreements concluded by the Community – Direct effect – Conditions – Fourth ACP-EEC Lomé Convention (Fourth ACP-EEC Lomé Convention on 15 December 1989, Art. 168 and Protocol No 5; ACP-EC Cotonou Agreement, Protocol No 5, Art. 1) (see paras 97-106, 119, 131)

6. Competition – Administrative procedure – Examination of complaints (Council Regulation No 856/1999; ACP-EC Cotonou Agreement, Protocol No 5, Art. 1) (see paras 132-133)

7. Non-contractual liability – Conditions – Legal measure – Real damage, causal link and unusual and special damage – Cumulative nature (Art. 288, second para., EC) (see paras 187-188)

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 establishment 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

The Court:

1.Dismisses the action;

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