7.11.2009   

EN

Official Journal of the European Union

C 267/53


Judgment of the Court of First Instance of 23 September 2009 — Spain v Commission

(Case T-341/05 (1))

(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)

2009/C 267/89

Language of the case: Spanish

Parties

Applicant: Kingdom of Spain (represented by: J Cárcamo and M. Muñoz Pérez, abogados del Estado)

Defendant: Commission of the European Communities (represented by C. Cattabriga and F. Jimeno Fernández, acting as Agents)

Re:

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 of the judgment

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.


(1)  OJ C 217 of 29.10.2005.