EuGH · C-39/09

Subject of the case Operative part Subject of the case 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 Operative part: 1. The appeal is dismissed. 2. Société des plantations de Mbanga SA (SPM) is ordered to pay the costs.