Judgment of the Court of First Instance (Eighth Chamber) of 13 November 2008 - SPM v Council and Commission
(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)
Language of the case: French
Parties
Applicant: Société des plantations de Mbanga SA (SPM) (Douala, Cameroon) (represented initially by P. Soler Couteaux and S. Cahn, then by S. Cahn, B. Doré and A. Farache, lawyers)
Defendants: Council of the European Union (represented by: A. De Gregorio Merino, M. Balta and A. Westerhoff Löfflerova, Agents) and Commission of the European Communities (represented by: F. Clotuche-Duvieusart and L. Visaggio, Agents)
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 of the judgment
The Court:
dismisses the action;
orders Société des plantations de Mbanga SA (SPM) to pay the costs.
____________1 - OJ C 171, 9.7.2005