Keywords
Summary

Keywords

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1.Action for damages - Action against the institution alleged to have caused the Community to incur liability - Admissibility

( EEC Treaty, Art . 178 and second paragraph of Art . 215 )

2.Non-contractual liability - Conditions - Unlawful act - Damage - Causal link

( EEC Treaty, second paragraph of Art . 215 )

Summary

1.Where the liability of the Community is incurred by the act of one of its institutions, it is represented before the Court by the institution or institutions accused of the act giving rise to liability . However, it does not follow that the fact of bringing an action directly against the institution accused of the act in question renders the application inadmissible; such an application must be deemed to be directed against the Community represented by that institution .

2.The Community can incur non-contractual liability and the right to have any damage suffered made good can be enforced only if there was an unlawful act on the part of one of the Community institutions, real damage was suffered, and there was a causal link between the act and the damage .