Judgment — ECLI:EU:C:2010:459
Date: 2010-07-29
Language of the case: French
Court formation: Third Chamber
Subject matter: Provisions governing the Institutions;Non-contractual liability
Procedure: Reference for a preliminary ruling
Origin: Belgium

Summary of the Judgment Actions for damages – Subject-matter – Claim for compensation for damage attributable to the Community (Arts 235 EC and 288, second para., EC) An action for damages brought against the European Community on the basis of non-contractual liability, even if it is brought under national legislation establishing special statutory rules that differ from the ordinary rules of law governing civil liability in the Member State concerned, does not, pursuant to Article 235 EC, read in conjunction with the second paragraph of Article 288 EC, fall within the jurisdiction of the national courts. The fact that such an action may be brought only in special circumstances, in that, for example, the person concerned can incur liability only in the event of ‘serious misconduct’, does not obscure the fact that that action has the general characteristics of an action for damages based on non-contractual liability, for the purposes of the second paragraph of Article 288 EC, which, according to Article 235 EC, falls within the exclusive jurisdiction of the Community Courts. (see paras 17, 22, 26, operative part)