Judgment of the Court of First Instance (Eighth Chamber) of 13 November 2008.#Société des plantations de Mbanga SA (SPM) v Council of the European Union and Commission of the European Communities.#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.#Case T-128/05.

Subject of the case

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

Operative part

The Court:

1. Dismisses the action;

2. Orders Société des plantations de Mbanga SA (SPM) to pay the costs.