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Société des plantations de Mbanga SA (SPM) v Council of the European Union and European Commission.

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Order of the Court (Seventh Chamber) of 22 March 2010 – SPM v Council and Commission

(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

1.                     Agriculture – Common organisation of the markets – Bananas – System of importation – Tariff quota – Allocation and distribution (Council Regulation No 404/93, Art. 19) (see paras 38-40)

2.                     Agriculture – Common agricultural policy – Paramountcy in relation to objectives of the Treaty in the sphere of competition (Art. 36 EC; Council Regulation No 404/93) (see paras 47-48)

3.                     Agriculture – Common organisation of the markets – Bananas – System of importation – Amendment of the legislation on allocation of tariff quotas –Measures intended to ensure the viability of independent ACP producers – None (Council Regulations No 404/93, as amended by No 1637/98, and No 856/1999; Commission Regulations No 2362/98 and No 896/2001) (see paras 68-74)

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.

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