Judgment — ECLI:EU:T:2003:32
Date: 2003-02-13
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Overseas countries and territories
Concepts: General;Res judicata
Procedure: Action for damages - unfounded
Origin: France

Summary of the Judgment 
1. Procedure — Principle of res judicata — Scope 
2. Non-contractual liability — Conditions — Unlawfulness — Damage — Causal 
link — Burden of proof 
(EC Treaty, Art. 215 (now Art. 288 EC)) 
II- 117 
SUMMARY — CASE T-333/01 
1. The principle of res judicata extends 
only to matters of fact and law actually 
or necessarily settled by the judicial 
decision in question. 
(see para. 26) 
2. In an action based on Article 178 of the 
EC Treaty (now Article 235 EC) in 
conjunction with Article 215 of the 
Treaty (now the second paragraph of 
Article 288 EC), the applicant has to 
prove that the damage relied on is a 
sufficiently direct consequence of the 
conduct of the concerned institution in 
respect of which the complaint is made. 
(see para. 32) 
II - 118