ECに対する損害賠償請求(EC条約第235条、第228条第2項参照)の実体的要件について、第1審裁判所は、Chiquita 判決(Case T-19/01)において以下のように述べている。
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It is settled case-law that, for the Community to incur
non-contractual liability within the meaning of the second
paragraph of Article 288 EC, a series of conditions must be
met, namely the conduct of which the institutions are
accused must have been unlawful, the damage must be real and
a causal connection must exist between that conduct and the
damage in question (Case 26/81 Oleifici Mediterranei v EEC
[1982] ECR 3057, paragraph 16; Case T-175/94 International
Procurement Services v Commission [1996] ECR II-729,
paragraph 44; Case T-336/94 Efisol v Commission [1996] ECR
II-1343, paragraph 30; Case T-267/94 Oleifici Italiani v
Commission [1997] ECR II-1239, paragraph 20). Where any one
of those conditions is not met, the application must be
dismissed in its entirety without its being necessary to
examine the other preconditions for such liability (Case
C-146/91 KYDEP v Council and Commission [1994] ECR I-4199,
paragraphs 19 and 81; Case T-170/00 Förde-Reederei v Council
and Commission [2002] ECR II-515, paragraph 37).
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As regards the examination of the compensation claims in the
light of the first of those conditions, namely that there be
unlawful conduct, the case-law requires a sufficiently
serious breach to be established of a rule of law intended
to confer rights on individuals (Case C-352/98 P Bergaderm
and Goupil v Commission [2000] ECR I-5291, paragraph 42). As
regards the requirement that the breach be sufficiently
serious, the decisive test for finding it fulfilled is
whether the Community institution concerned manifestly and
gravely disregarded the limits on its discretion. Where that
institution has only a considerably reduced, or even no,
discretion, the mere infringement of Community law may be
sufficient to establish the existence of a sufficiently
serious breach (Joined Cases T-198/95, T-171/96, T-230/97,
T-174/98 and T-225/99 Comafrica and Dole Fresh Fruit Europe
[2001] ECR II-1975, paragraph 134; Joined Cases T-64/01 and
T-65/01 Afrikanische Frucht-Compagnie v Council and
Commission [2004] ECR II-0000, paragraph 71).
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