Keywords
Summary

Keywords

NON-CONTRACTUAL LIABILITY - REQUIREMENTS - ACCUSATION OF UNLAWFUL CONDUCT - DAMAGE - CAUSAL CONNECTION

( EEC TREATY , ART . 215 , SECOND PARA .)

Summary

IT APPEARS FROM ARTICLE 215 OF THE EEC TREATY THAT THE INVOLVEMENT OF THE NON-CONTRACTUAL LIABILITY OF THE COMMUNITY AND THE ASSERTION OF THE RIGHT TO COMPENSATION FOR DAMAGE SUFFERED DEPENDS ON THE SATISFACTION OF A NUMBER OF REQUIREMENTS RELATING TO THE UNLAWFULNESS OF THE CONDUCT OF WHICH THE INSTITUTIONS ARE ACCUSED , THE REALITY OF THE DAMAGE AND THE EXISTENCE OF A CAUSAL CONNECTION BETWEEN THAT CONDUCT AND THE DAMAGE IN QUESTION .

HENCE THE COMMUNITY CANNOT BE REGARDED AS HAVING INCURRED LIABILITY EXCEPT IN THE PRESENCE OF ALL THE CONDITIONS TO WHICH THE DUTY TO MAKE GOOD ANY DAMAGE , AS DEFINED IN THE SECOND PARAGRAPH OF ARTICLE 215 , IS SUBJECT .