Order — ECLI:EU:T:2003:348
Date: 2003-12-17
Language of the case: French
Court formation: First Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Accession;Provisions governing the Institutions
Concepts: Costs;Basis of liability
Procedure: Action for damages - unfounded
Origin: France

Summary of the Order 
1. Non-contractual liability — Conditions — Acts attributable to the Community — 
Act of the European Council — Exclusion — Recognition of the Republic of 
Turkey's status as a candidate for accession to the European Union 
(Arts 7 EC and 288, second para., EC) 
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SUMMARY — CASE T-346/03 
2. Non-contractual liability — Conditions — Unlawful conduct of the institutions — 
Accession partnership of the Republic of Turkey — Admissibility in the light of a 
resolution of the European Parliament not having binding legal consequences — 
Principle of the protection of legitimate expectations — Breach — None — Liability 
not incurred 
(Art. 288, second para., EC) 
3. Procedure — Costó — Decision given by reasoned order — Action manifestly lack­
ing any foundation in law — Failure to ask for costs — Sharing of costs where the 
circumstances are exceptional 
(Rules of Procedure of the Court of First Instance, Arts 87 (2) (3) and 111) 
1. Recognition of the Republic of Tur­
key's status as a candidate for accession 
to the European Union by the Euro­
pean Council of Helsinki of 10 and 
11 December 1999 cannot give rise to 
the non-contractual liability of the 
Community within the meaning of the 
second paragraph of Article 288 EC 
because it is the result of a measure 
from the European Council, which is 
not an institution of the Community 
within the meaning of Article 7 EC. 
Only the conduct of an institution of 
the Community can give rise to such 
liability. 
(see para. 17) 
2. The fact that the Republic of Turkey 
enjoys a European Union accession 
partnership cannot give rise to the 
non-contractual liability of the Com­
munity within the meaning of the 
second paragraph of Article 288 EC 
on the ground of alleged unlawful 
conduct of the Community institutions 
because the partnership is contrary to 
the resolution of the European Parlia­
ment of 18 June 1987 on a political 
solution to the Armenian question. 
That resolution is a document contain­
ing declarations of a purely political 
nature, which may be amended by the 
Parliament at any time. It cannot there­
fore have binding legal consequences 
for its author nor, a fortiori, for the 
other Community institutions or give 
rise to a legitimate expectation that the 
institutions would comply with that 
resolution. 
(see paras 18-20) 
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KRIKORIAN AND OTHERS v PARLIAMENT AND OTHERS 
3. In accordance with Article 87(2) of the 
Rules of Procedure of the Court of First 
Instance, the unsuccessful party is to be 
ordered to pay the costs if they have 
been applied for in the successful 
party's pleadings. However, under 
Article 111 of its Rules of Procedure, 
when the Court gives a decision by 
reasoned order in an action manifestly 
lacking any foundation in law, but 
before the defendants have lodged their 
defence and had the opportunity to 
apply for costs, it is necessary to apply 
Article 87(3) of the Rules of Procedure, 
according to which the Court of First 
Instance may order the costs to be 
shared where the circumstances are 
exceptional. 
(see paras 28-29) 
II - 6039