Order — ECLI:EU:T:2000:161
Date: 2000-06-26
Language of the case: Italian
Court formation: Third Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Free movement of goods;Customs Union
Concepts: Basis of liability
Procedure: Action for annulment - unfounded
Origin: Italy

Summary of the Order 
1. Non-contractual liability — Scope — Acts of Community institutions or acts of 
servants of the Community — Meaning — Whether instruments of primary Commu­
nity law are covered — Not covered — Position where damage is attributable to the 
Single European Act 
(EC Treaty, Arts 7a (now, after amendment, Art. 14 EC) and 215, second para, (now 
Art. 288, second para., EC)) 
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SUMMARY —JOINED CASES T-12/98 AND T-13/98 
2. Non-contractual liability — Breach by the Community institutions of a legal obligation 
to act — Demise of the profession of customs agent as a result of the Single European 
Act — Obligation of the institutions to act — None — Obligation of the Community 
to compensate members of the profession — None 
(EC Treaty, Art. 215, second para, (now Art. 288, second para., EC)) 
1. As regards non-contractual liability on 
the part of the Community, the cause of 
damage suffered by customs agents 
resulting from the abolition of customs 
and tax frontiers between Member 
States is not attributable to the Council 
or the Commission. The direct and 
determining cause of that damage is 
neither the adoption of measures of 
secondary legislation nor the absence 
of adequate compensation and support 
measures, but Article 13 of the Single 
Act, which inserted in the EEC Treaty 
an Article 8a, which later became Arti­
cle 7a (now, after amendment, Arti­
cle 14 EC); this provides in particular 
that 'the internal market shall comprise 
an area without internal frontiers'. The 
Single Act, which was adopted by the 
Member States, is not attributable to 
the above institutions and consequently 
cannot give rise to non-contractual 
liability on the part of the Community. 
(see para. 17) 
2. Omissions by the Community institu­
tions can give rise to liability on the 
part of the Community only when the 
institutions have infringed a legal obli­
gation to act under a provision of 
Community law. In respect of the 
demise of the profession of customs 
agent, there is no such obligation under 
the Single Act itself or under any other 
provision of Community law, or under 
any general principle of law by virtue 
of which the Community would be 
obliged to compensate a person who 
has been subject to a measure expro­
priating his property or restricting his 
freedom to enjoy his right to property, 
since the Community cannot be obliged 
to make good damage caused by acts 
which cannot be imputed to it. It 
follows that the Community cannot 
be obliged to compensate members of 
that profession. However, the possibi­
lity cannot be excluded that an obliga­
tion to provide compensation might 
arise under the domestic law of the 
Member State on whose territory the 
intra-Community customs agent car­
ried out his activities. 
(see para. 18) 
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