Keywords
Summary

Keywords

++++

1. Community law ° Application by analogy ° Application of the principles governing the European civil service to a competition for selecting works of art to be installed in a building belonging to a Community institution ° Excluded

2. Actions for annulment of measures ° Competition procedure for selecting works of art to be installed in a building belonging to a Community institution ° Decisions of the committee for selecting the works of art ° Review by the Court ° Limits

3. Non-contractual liability ° Conditions ° Fault on the part of an institution ° Damage ° Causal link

(EC Treaty, Art. 215, second para.)

Summary

1. The selection of works of art to be placed in a building belonging to a Community institution and the recruitment of officials differ so much, as regards both subject-matter and purpose, that it is not possible to proceed by analogy and apply to an artists' competition the principles which govern the European civil service.

2. Where a committee set up to select works of art has, as shown by the Council' s decision establishing the committee, a wide discretion with respect to the course of the competition to be organized for selecting those works and the artists who create them, review by the Community judicature of that committee' s decisions must be limited to establishing that there was no manifest error in the assessment of the facts, no manifest breach of the rules governing the adoption of the decisions at issue, and no misuse of powers.

3. An applicant who seeks compensation for damage allegedly caused by a Community institution must show fault on the part of the institution, the fact of certain and quantifiable damage, and a causal link between the wrongful act and the damage complained of.