Keywords
Summary

Keywords

1. Procedure - Application initiating proceedings - Requirements as to form - Subject-matter of the dispute to be indicated - Pleas in law relied upon to be briefly stated - Application for compensation in respect of damage caused by a Community institution

(EC Statute of the Court of Justice, Arts 19 and 46; Rules of Procedure of the Court of First Instance, Art. 44(1)(c))

2. Actions for damages - Independent of actions for annulment - Action seeking withdrawal of an individual decision which has become definitive - Inadmissible

(EC Treaty, Arts 178 and 215, second para. (now Arts 235 EC and 288, second para., EC))

3. Association of the overseas countries and territories - Implementation by the Council - Decision 80/1186 - Programmes financed by the European Development Fund - Finance agreement - Absence of contractual link between the Commission and the applicant - Action for damages brought against the Commission - Liability of the Community - Conditions

(EC Treaty, Arts 178 and 215, second para. (now Arts 235 EC and 288, second para., EC); Council Decision 80/1186)

Summary

1. According to Article 19 of the Statute of the Court of Justice, which is applicable to proceedings before the Court of First Instance by virtue of the first paragraph of Article 46 of that Statute and Article 44(1)(c) of the Rules of Procedure of the Court of First Instance, an application must, inter alia, specify the subject-matter of the dispute and contain a brief statement of the pleas in law. In order to fulfil those requirements, an application seeking compensation for damage allegedly caused by a Community institution must state the evidence from which the conduct alleged by the applicant against the institution may be identified, the reasons for which the applicant considers there to be a causal link between the conduct and the damage which he claims to have suffered and the nature and extent of that damage.

( see para. 30 )

2. The right to claim damages under Article 178 of the Treaty (now Article 235 EC) and the second paragraph of Article 215 of the Treaty (now the second paragraph of Article 288 EC) was introduced as a self-standing right of action having a specific function within the system of rights of action so that, as a matter of principle, inadmissibility of an action for annulment does not entail inadmissibility of an action for damages for injury allegedly suffered as a result of the act whose annulment could be sought. It is otherwise where the action for damages is actually aimed at securing withdrawal of an individual decision which has become definitive or where it amounts to a misuse of procedure.

( see para. 36 )

3. Although under the agreement for financing a planting programme, provided for in the framework of the association of the overseas countries and territories, there is no contractual relationship between the Commission and the applicant running such a plantation, the Community may be liable under the second paragraph of Article 215 of the Treaty (now the second paragraph of Article 288 EC) to make good damage suffered by third parties as a result of acts committed by it in the performance of its duties. However, for the Community to incur liability the applicant must prove not only the illegality of the conduct of which the institution concerned is accused and the fact of the damage but also the existence of a causal link between that conduct and the damage complained of, which must moreover stem sufficiently directly from the conduct complained of.

( see paras 47-49 )