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Case C-39/09 P: Order of the Court of 22 March 2010 — Société des plantations de Mbanga SA (SPM) v Council of the European Union, 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)
ECLI:EU:UNKNOWN:62009CB0039
62009CB0039
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28.8.2010
Official Journal of the European Union
C 234/17
(Case C-39/09 P)(<span class="super">1</span>)
(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)
2010/C 234/25
Language of the case: French
Parties
Appellant: Société des plantations de Mbanga SA (SPM) (represented by: A. Farache, avocat)
Other parties to the proceedings: Council of the European Union (represented by: A. De Gregorio Merino, E. Sitbon, Agents), European Commission (represented by: F. Clotuche-Duvieusart, Agent)
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 of the order
1.The appeal is dismissed.
2.Société des plantations de Mbanga SA (SPM) shall pay the costs.
(<span class="super">1</span>) OJ C 90, 18.4.2009
* * *
Language of the case: French