Keywords
Summary

Keywords

Non-contractual liability – Conditions – Unlawfulness – Damage – Causal link with the conduct of a Community institution or body – Failure to meet one of the conditions – Dismissal of an action for damages in its entirety

(Art. 188, second para., EA)

Summary

The Community’s non-contractual liability under the second paragraph of Article 188 EA and the exercise of the right to compensation for damage suffered are subject to a set of conditions as regards the unlawfulness of the conduct alleged against the Community institution, the fact of damage and the existence of a causal link between the conduct and the damage complained of. In that respect, only measures or conduct attributable to a Community institution or body may give rise to liability on the part of the Community. If any one of those conditions is not satisfied, the action must be dismissed in its entirety and it is unnecessary to consider the other conditions.

(see paras 41-43)