Keywords

Summary



Keywords

1. Non-contractual liability - Scope - Acts of the Community institutions or acts of servants of the Community - Meaning - Whether instruments of primary Community 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))

2. Non-contractual liability - Conditions - Legislative acts involving economic policy decisions - Sufficiently clear breach of a higher-ranking rule of law for the protection of individuals

(EC Treaty, Art. 215, second para. (now Art. 288, second para., EC))

3. Community law - Principles - Protection of legitimate expectations - Conditions

4. 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))

Summary

1. As regards non-contractual liability on the part of the Community, the cause of the 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 Article 7a (now, after amendment, Article 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, therefore, attributable to the above institutions and consequently cannot give rise to non-contractual liability on the part of the Community.

( see para. 19 )

2. The non-contractual liability of the Community for damage caused either by legislative measures adopted by its institutions or wrongful failure to adopt such measures, can only be incurred if there has been a breach of a higher-ranking rule of law for the protection of individuals. Moreover, if the institution has adopted the measure in the exercise of a broad discretion, the Community cannot be rendered liable unless the breach is clear, that is to say, if it is of a manifest and serious nature.

( see para. 24 )

3. The right to rely on the principle of the protection of legitimate expectations extends to any individual who is in a situation in which it is apparent that the Community administration has led him to entertain reasonable expectations. On the other hand, a person may not plead a breach of this principle unless the administration has given him precise assurances.

( see para. 32 )

4. Omissions by the Community institutions give rise to liability on the part of the Community only when the institutions have infringed a legal obligation to act under a provision of Community law.

Since the termination of the activities of customs agents was not attributable to either the Council or the Commission, they were under no obligation to make good the damage which might arise as a result. In particular, there is no need to consider whether there is 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 expropriating 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 is not obliged to compensate members of that profession.

( see paras 21-22, 35-37 )