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Document 62009CO0039
Order of the Court (Seventh Chamber) of 22 March 2010. # Société des plantations de Mbanga SA (SPM) v Council of the European Union and 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. # Case C-39/09 P.
Order of the Court (Seventh Chamber) of 22 March 2010.
Société des plantations de Mbanga SA (SPM) v Council of the European Union and 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.
Case C-39/09 P.
Order of the Court (Seventh Chamber) of 22 March 2010.
Société des plantations de Mbanga SA (SPM) v Council of the European Union and 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.
Case C-39/09 P.
European Court Reports 2010 I-00038*
ECLI identifier: ECLI:EU:C:2010:157
- Date of document:
- 22/03/2010
- Date lodged:
- 26/01/2009
- Author:
- Court of Justice
- Country or organisation from which the request originates:
- Cameroon, Provisional data
- Form:
- Order
- Authentic language:
- French
- Type of procedure:
- Action for damages, Appeal - unfounded
- Judge-Rapporteur:
- von Danwitz
- Advocate General:
- Sharpston
- Treaty:
- Treaty on the Functioning of the European Union
- Link
- Select all documents mentioning this document
- Instruments cited in case law:
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- 31991Q0704(02)-A119: N 34
- 31991Q0704(02)-A69P2: N 88
- 31993R0404-A17L1: N 71
- 31993R0404-A19: N 39
- 31993R0404-A19P2: N 71
- 31993R0404-C3: N 71
- 31993R0404: N 2 4 48 49
- 31998R1637: N 4 74
- 31998R2362: N 4 12
- 31999R0856: N 17 74
- 32001R0216: N 8
- 32001R0896: N 8 12
- 32001R2587: N 8
- 61986CJ0012: N 79
- 61989CJ0359: N 38
- 61993CJ0046: N 79
- 61993CJ0280: N 47
- 61998CJ0037: N 79
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- 62000CJ0137: N 47
- 62000CJ0456: N 47
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- 62001CJ0198: N 56
- 62002CJ0037: N 40
- 62003CJ0040: N 38
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- 62003CJ0295: N 38 40
- 62005CJ0282: N 57
- 62005TJ0128: N 21 - 29 57 61 65 66 78 81 82 85
- 62006CJ0445: N 79
- 62007CJ0440: N 57
- Subject matter:
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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. |
