Institutional Liability

Question 1

Where do you find the Treaty base for institutional liability?

Answer 1

Art 340 TFEU

Question 2

What are the conditions for institutional liability to be established? (Note this is for damages)

Answer 2

(1) actual damage to plaintiff
(2) causal link between damage claimed and conduct alleged against institution
(3) illegality of conduct
Per Alfons Lütticke

Question 3

Which case established that the plaintiff must be able to show a specific loss?

Answer 3

GAEC v Council and Commission

Question 4

Which case established that the loss must arise as a direct result of the EU measure?

Answer 4

Durmortier Freres v Council

Question 5

What is the Schoppenstedt test for wrongful conduct? (In relation to measures of economic policy)

Answer 5

(1) breach of a superior law e.g. General principles like non-discrimination, proportionality
(2) breach must be sufficiently serious (margin of appreciation for CJEU, consider scale of loss and degree of breach of law)
(3) superior rule of law must be for protection of individual