EuG · T-128/05

Subject of the case Operative part 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.