AS THE PRESENT , THE DAMAGE HAS IN FACT BECOME APPARENT , THAT IS TO SAY , THE DATE ON WHICH THE REFUNDS , BECAME PAYABLE AS THE RESULT OF TRANSACTIONS CREATING AN ENTITLEMENT TO THEM .
9 AS IS APPARENT FROM ARTICLE 215 OF THE EEC TREATY AND ARTICLE 43 OF THE STATUTE OF THE COURT , THE INVOLVEMENT OF THE NON-CONTRACTUAL LIABILITY OF THE COMMUNITY AND THE ASSERTION OF THE RIGHT TO COMPENSATION FOR DAMAGE SUFFERED DEPEND ON THE SATISFACTION OF A NUMBER OF REQUIREMENTS RELATING TO THE EXISTENCE OF AN UNLAWFUL MEASURE ADOPTED BY THE COMMUNITY INSTITUTIONS , ACTUAL DAMAGE AND A CAUSAL RELATIONSHIP BETWEEN THEM .
10 THE PERIOD OF LIMITATION WHICH APPLIES TO PROCEEDINGS IN MATTERS ARISING FROM THE NON-CONTRACTUAL LIABILITY OF THE COMMUNITY THEREFORE CANNOT BEGIN BEFORE ALL THE REQUIREMENTS GOVERNING AN OBLIGATION TO PROVIDE COMPENSATION FOR DAMAGE ARE SATISFIED AND IN PARTICULAR BEFORE THE DAMAGE TO BE MADE GOOD HAS MATERIALIZED . ACCORDINGLY , SINCE THE SITUATIONS CONCERNED ARE THOSE IN WHICH THE LIABILITY OF THE COMMUNITY HAS ITS ORIGIN IN A LEGISLATIVE MEASURE , THE PERIOD OF LIMITATION CANNOT BEGIN BEFORE THE INJURIOUS EFFECTS OF THAT MEASURE HAVE BEEN PRODUCED , AND CONSEQUENTLY , IN THE CIRCUMSTANCES OF THESE CASES , BEFORE THE TIME AT WHICH THE APPLICANTS AFTER COMPLETING THE TRANSACTIONS ENTITLING THEM TO THE REFUNDS , WERE BOUND TO INCUR DAMAGE WHICH WAS CERTAIN IN CHARACTER .
11 ACCORDINGLY , IT MAY NOT BE CLAIMED , AS AGAINST THE APPLICANTS , THAT THE PERIOD OF LIMITATION BEGAN BEFORE THE DATE ON WHICH THE INJURIOUS EFFECTS OF THE UNLAWFUL MEASURES ADOPTED BY THE COMMUNITY WERE PRODUCED .
12 IT FOLLOWS FROM THIS , MOREOVER , THAT THE COMMENCEMENT OF THE PERIOD OF LIMITATION CANNOT BE THE DATE ON WHICH THE UNLAWFUL MEASURES ADOPTED BY THE COMMUNITY ENTERED INTO FORCE OR , A FORTIORI , THE DATE OF THEIR PUBLICATION .
13 THE PRELIMINARY OBJECTION RAISED BY THE COUNCIL AND THE COMMISSION MUST THEREFORE BE DISMISSED .
Operative part
ON THOSE GROUNDS ,
THE COURT ,
BY WAY OF INTERLOCUTORY DECISION , HEREBY :
1 . DISMISSES THE OBJECTIONS ;
2 . RESERVES THE COSTS .