Opinion of the Advocate General — ECLI:EU:C:2007:191
Date: 2007-03-28
Language of the case: German
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Provisions governing the Institutions;Non-contractual liability
Procedure: Appeal - unfounded;Action for damages
Origin: Germany

Summary of the Judgment Non-contractual liability – Conditions (Art. 288, second para., EC; Rules of Procedure of the Court of First Instance, Art. 91(b)) The fact that costs relating to proceedings before the European Ombudsman are not recoverable under Article 91(b) of the Rules of Procedure of the Court of First Instance is in principle irrelevant for the purposes of determining whether such costs may give rise to a claim for compensation under the second paragraph of Article 288 EC. Article 91 is applicable only to costs incurred in proceedings before the Court of First Instance, to the exclusion of any prior stage. The right to recover the costs of proceedings and the right to damages are, in principle, subject to different rules and are independent of each other. With regard to the causal link required, both the Rules of Procedure of the Court of Justice and those of the Court of First Instance provide that the costs of proceedings incurred by the parties are recoverable only if they were necessary for the purposes of the proceedings. On the other hand, the causal link required under the second paragraph of Article 288 EC is established where the damage is the direct consequence of the wrongful act in question. Reference to the European Ombudsman results from the free choice of the parties concerned. The costs thus freely incurred by the complainant cannot therefore be regarded as damage caused by the institution in question. (see paras 22-23, 27)