Keywords

Summary



Keywords

1 . ACTION FOR DAMAGES - PURPOSE - APPLICATION FOR COMPENSATION ALLEGING THE ILLEGALITY OF A DECISION ADOPTED BY A NATIONAL INSTITUTION IN IMPLEMENTATION OF COMMUNITY RULES - JURISDICTION OF THE COURT - CONDITIONS - WHETHER THE ALLEGED UNLAWFUL CONDUCT CAN BE ATTRIBUTED TO A COMMUNITY INSTITUTION

( EEC TREATY , ART . 178 AND SECOND PARAGRAPH OF ART . 215 )

2 . ACTION FOR DAMAGES - INDEPENDENT NATURE - EXHAUSTION OF NATIONAL RIGHTS OF ACTION - EXCEPTION - IMPOSSIBILITY OF OBTAINING COMPENSATION BEFORE A NATIONAL COURT

( EEC TREATY , ART . 178 AND SECOND PARAGRAPH OF ART . 215 )

3 . ACTION FOR DAMAGES - INDEPENDENT OF ACTION FOR ANNULMENT - ACTION FOR COMPENSATION FOR THE DAMAGE RESULTING FROM AN INDIVIDUAL DECISION WHICH HAS BECOME DEFINITIVE - ADMISSIBILITY

( EEC TREATY , ART . 178 AND SECOND PARAGRAPH OF ART . 215 )

Summary

1 . THE COMBINED PROVISIONS OF ARTICLE 178 AND THE SECOND PARAGRAPH OF ARTICLE 215 OF THE TREATY GIVE JURISDICTION TO THE COURT ONLY TO AWARD COMPENSATION FOR DAMAGE CAUSED BY THE COMMUNITY INSTITUTIONS OR BY THEIR SERVANTS IN THE PERFORMANCE OF THEIR DUTIES , IN OTHER WORDS FOR DAMAGE CAPABLE OF GIVING RISE TO NON-CONTRACTUAL LIABILITY ON THE PART OF THE COMMUNITY . DAMAGE CAUSED BY NATIONAL INSTITUTIONS , ON THE OTHER HAND , CAN ONLY GIVE RISE TO LIABILITY ON THE PART OF THOSE INSTITUTIONS , AND THE NATIONAL COURTS RETAIN SOLE JURISDICTION TO ORDER COMPENSATION FOR SUCH DAMAGE .

WHERE THE DECISION ADVERSELY AFFECTING THE APPLICANT WAS ADOPTED BY A NATIONAL BODY ACTING IN ORDER TO ENSURE THE IMPLEMENTATION OF COMMUNITY RULES , THE COURT HAS JURISDICTION TO ENTERTAIN AN ACTION BROUGHT UNDER ARTICLE 178 AND THE SECOND PARAGRAPH OF ARTICLE 215 OF THE TREATY ONLY IF THE UNLAWFUL CONDUCT ALLEGED IN SUPPORT OF THE APPLICATION FOR COMPENSATION CAN BE ATTRIBUTED TO A COMMUNITY INSTITUTION . THAT IS SO WHERE COMMUNITY PROVISIONS DO NOT MERELY CONFER UPON THE COMMISSION THE RIGHT TO GIVE AN OPINION ON THE DECISION TO BE ADOPTED IN THE CONTEXT OF THE CO-OPERATION BETWEEN ITSELF AND THE NATIONAL BODIES RESPONSIBLE FOR APPLYING THE COMMUNITY RULES , BUT ACTUALLY EMPOWER IT TO DICTATE THEIR DECISIONS ON REQUESTS MADE TO THEM , AND THE COMMISSION HAS IN FACT EXERCISED THE POWER THUS CONFERRED ON IT .

2 . THE APPLICATION FOR COMPENSATION PROVIDED FOR BY ARTICLE 178 AND THE SECOND PARAGRAPH OF ARTICLE 215 OF THE TREATY WAS INTRODUCED AS AN AUTONOMOUS FORM OF ACTION WITH A PARTICULAR PURPOSE TO FULFIL WITHIN THE SYSTEM OF ACTIONS AND SUBJECT TO CONDITIONS ON ITS USE DICTATED BY ITS SPECIFIC NATURE . NONE THE LESS , SUCH ACTIONS MUST BE EXAMINED IN THE LIGHT OF THE WHOLE SYSTEM OF LEGAL PROTECTION FOR THE INDIVIDUAL ESTABLISHED BY THE TREATY ; THE ADMISSIBILITY OF SUCH AN ACTION MAY IN CERTAIN CASES BE DEPENDENT ON THE EXHAUSTION OF NATIONAL RIGHTS OF ACTION AVAILABLE TO OBTAIN THE ANNULMENT OF THE NATIONAL AUTHORITY ' S DECISION WHICH ALLEGEDLY CAUSED THE DAMAGE FOR WHICH COMPENSATION IS SOUGHT . IN ORDER FOR THAT TO BE THE CASE , HOWEVER , IT IS NECESSARY THAT THOSE NATIONAL RIGHTS OF ACTION SHOULD PROVIDE AN EFFECTIVE MEANS OF PROTECTION FOR THE INDIVIDUAL CONCERNED AND BE CAPABLE OF RESULTING IN COMPENSATION FOR THE DAMAGE ALLEGED . THEY DO NOT DO SO WHERE THE ANNULMENT OF THE NATIONAL AUTHORITY ' S DECISION DOES NOT COMPENSATE FOR THE DAMAGE SUFFERED AND THEREFORE DOES NOT REMOVE THE NEED FOR THE APPLICANT , IF HE IS TO OBTAIN COMPENSATION , TO BRING AN ACTION BEFORE THE COURT UNDER ARTICLE 178 AND THE SECOND PARAGRAPH OF ARTICLE 215 OF THE TREATY .

3 . THE APPLICATION FOR COMPENSATION PROVIDED FOR BY ARTICLE 178 AND THE SECOND PARAGRAPH OF ARTICLE 215 OF THE TREATY IS AN AUTONOMOUS FORM OF ACTION , WHICH DIFFERS FROM AN ACTION FOR ANNULMENT IN PARTICULAR IN THAT ITS PURPOSE IS NOT TO SET ASIDE A SPECIFIC MEASURE BUT TO REPAIR THE DAMAGE CAUSED BY AN INSTITUTION . IT FOLLOWS THAT THE EXISTENCE OF AN INDIVIDUAL DECISION WHICH HAS BECOME DEFINITIVE CANNOT ACT AS A BAR TO THE ADMISSIBILITY OF SUCH AN ACTION . HOWEVER , THE SAME DOES NOT APPLY WHERE AN APPLICATION FOR COMPENSATION IS BROUGHT FOR THE PAYMENT OF AN AMOUNT PRECISELY EQUAL TO THE DUTY WHICH THE APPLICANT WAS REQUIRED TO PAY UNDER AN INDIVIDUAL DECISION , SO THAT THE APPLICATION SEEKS IN FACT THE WITHDRAWAL OF THAT INDIVIDUAL DECISION .