Judgment — ECLI:EU:T:2002:104
Date: 2002-04-24
Language of the case: Greek
Court formation: Fourth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: External relations
Concepts: General;Causal link
Procedure: Action for damages - unfounded
Origin: Greece

Summary of the Judgment 
1. Non-contractual liability — Conditions — Unlawfulness — Damage — Causal 
link — Where one of the conditions is not satisfied — Action for damages must be 
dismissed in its entirety 
(EC Treaty, Art. 215, second para, (now Art. 288, second para., EC)) 
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SUMMARY — CASE T-220/96 
2. Non-contractual liability — Conditions —· Unlawfulness — Damage — Causal 
link — Burden of proof 
(EC Treaty, Art. 215, second para, (now Art. 288, second para., EC); Council 
Regulation No 2340/90, Art. 2(2) and (3)) 
3. Common commercial policy — Embargo on trade with Iraq — Regulation 
No 2340/90 — Scope — Limits 
(Council Regulation No 2340/90, Art. 2(2) and (3)) 
1. Non-contractual liability on the part of 
the Community under the second para­
graph of Article 215 of the Treaty 
(now the second paragraph of 
Article 288 EC) is subject to a number 
of conditions relating to the unlawful­
ness of the conduct alleged against the 
Community institutions, actual dam­
age and the existence of a causal link 
between the conduct of the institution 
and the damage complained of. Since 
those three conditions must all be 
satisfied, if any one of them is not 
satisfied, the entire action must be 
dismissed and it is not necessary to 
consider the other conditions. 
(see para. 39) 
2. There is a causal link for the purposes 
of the second paragraph of Article 215 
of the Treaty (now the second para­
graph of Article 288 EC) where there is 
a direct link of cause and effect 
between the fault allegedly committed 
by the institution concerned and the 
damage pleaded, the burden of proof of 
which rests on the applicant. 
No such link can be established 
between the adoption of Regulation 
No 2340/90 preventing trade by the 
Community as regards Iraq and 
Kuwait and damage in the form of 
the inability of an undertaking estab­
lished in a Member State to recover 
debts owed to it by the Iraqi Govern­
ment where non-payment of the sum 
owed is not the consequence of the 
adoption by the Iraqi Government of 
any measure of retaliation against 
Regulation No 2340/90 and the main­
tenance of the Community embargo 
and where the transaction from which 
the debt in question arose does not 
come within the scope of that regu­
lation. 
(see paras 41, 43-44, 46) 
3. The prohibi t ion laid down in 
Article 2(2) and (3) of Regulation 
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EVO v COUNCIL AND COMMISSION 
No 2340/90 preventing trade by the 
Community as regards Iraq and 
Kuwait does not apply to financial 
transactions relating to supplies which 
were wholly carried out more than a 
year before the date of entry into force 
of the regulation and which do not 
have as their object or effect to pro­
mote supplies after that date. 
(see para. 44) 
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