Keywords
Summary

Keywords

Non-contractual liability — Conditions — Unlawfulness — Damage — Causal link — Not possible to rely on the GATT rules in order to contest the lawfulness of a Community act — Exceptions — Community measure intended to implement a GATT rule or expressly and specifically referring thereto — Judicial review — Precluded before expiry of any reasonable period granted to the Community for compliance with the WTO rules — (EC Treaty, Art. 178 (now Art. 235 EC) and Art. 215, second para. (now Art. 288, second para., EC))

Summary

Non-contractual liability on the part of the Community under the second paragraph of Article 215 of the Treaty is subject to a number of conditions relating to the illegality of the conduct alleged against the Community institutions, actual damage and the existence of a causal link between the conduct of the institution and the damage complained of. Given their nature and structure, the WTO agreements are not in principle among the rules in the light of which the Court is to review the legality of measures adopted by the Community institutions. It is only where the Community has intended to implement a particular obligation assumed in the context of the WTO, or where the Community measure refers expressly to the precise provisions of the WTO agreements, that it is for the Court to review the legality of the Community measure in question in the light of the WTO rules.

In any event, as regards the period prior to the expiry of the 15-month period granted to the Community for the purpose of complying with its obligations under the WTO rules, the Community Courts cannot carry out that review, particularly not in the context of an action for damages under Article 178 of the Treaty, without rendering ineffective the grant of a reasonable period for compliance with the recommendations or rulings of the Dispute Settlement Body, as provided for in the dispute settlement system put in place by the WTO agreements.

see paras 51-53, 62