Judgment — ECLI:EU:T:2003:78
Date: 2003-03-19
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: External relations;Public procurement in the European Union
Concepts: General;Principle of the protection of legitimate expectations
Procedure: Action for damages - unfounded
Origin: Germany

Summary of the Judgment 
1. Non-contractual liability — Cotiditions — Unlawfulness of conduct complained 
of — Damage — Causal link 
(Art. 288, second para., EC) 
2. Community law — Principles — Protection of legitimate expectations — Con­
ditions 
II - 1093 
SUMMARY — CASE T-273/01 
1. In order for the Community to incur 
non-contractual liability, the applicant 
must prove the unlawfulness of the 
alleged conduct of the institution con­
cerned, actual damage and the exist­
ence of a causal link between that 
conduct and the damage pleaded. 
Where any one of those conditions is 
not satisfied, the action must be dis­
missed in its entirety and it is unnecess­
ary to consider the other conditions for 
non-contractual liability. 
(see para. 23) 
2. The right to rely on the principle of the 
protection of legitimate expectations, 
which is one of the fundamental prin­
ciples of the Community, extends to 
any individual in a situation where the 
Community authorities, by giving him 
precise assurances, have caused him to 
entertain legitimate expectations. 
However, a person may not plead 
breach of the principle unless he has 
been given precise assurances by the 
administration. 
Such assurances, in whatever form they 
are given, are precise, unconditional 
and consistent information from auth­
orised and reliable sources. Neverthe­
less, neither a confirmation of receipt 
of a request for funding for a particular 
project expressly mentioning, in a clear 
and unambiguous way, that it does not 
constitute an authorisation and that 
consideration of the project will take 
place at a later date, nor a provisional 
communication of the result of the 
examination of a request for financing, 
sent explicitly subject to the final 
decision of the institution concerned, 
can be regarded as precise assurances 
from the Community administration 
leading an economic operator to enter­
tain reasonable expectations. 
(see paras 26, 28-29, 32) 
II - 1094