Keywords
Summary

Keywords

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Actions for damages ° Non-contractual liability ° Action brought against the European Investment Bank in connection with the award and performance of contracts in respect of the European Development Fund ° Jurisdiction of the Court

(EEC Treaty, Arts 178 and 215, second para.)

Summary

The European Investment Bank, established by the Treaty, constitutes a Community body intended to contribute towards the attainment of the Community' s objectives.

It follows that any acts and omissions for which the Bank may have been responsible in the implementation of a financing contract which, acting on behalf of the Community, it had concluded in connection with the financing of public works contracts from the resources of the European Development Fund, are attributable to the Community in accordance with the general principles referred to in the second paragraph of Article 215 of the Treaty.

It would be contrary to the intention of the authors of the Treaty if, when it acts through a Community body established by the Treaty and authorized to act in its name and on its behalf, the Community could escape the consequences of the provisions of Article 178 and the second paragraph of Article 215 of the Treaty, the intention of which is to reserve for the Court' s jurisdiction cases involving the non-contractual liability of the Community as a whole.

The Court therefore has jurisdiction under Article 178 of the Treaty to determine an action for damages brought against the European Investment Bank acting on behalf of the Community in connection with the conclusion and performance of contracts in respect of the European Development Fund.