28.8.2010 |
EN |
Official Journal of the European Union |
C 234/17 |
Order of the Court of 22 March 2010 — Société des plantations de Mbanga SA (SPM) v Council of the European Union, European Commission
(Case C-39/09 P) (1)
(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. |