Question 1

In which of the situations set out below can an applicant, who has suffered damages resulting from the unlawful conduct of the relevant EU institution, bring proceedings before the General Court against that institution?

A) Only when the applicant has successfully concluded proceedings under Article 263 TFEU
B) Only when the applicant has suffered damages exceeding
C) Only when the conditions for liability as set out in Case C-352/98 Bergaderm are satisfied

C

Accepted Answer

The correct situation in which an applicant can bring proceedings before the General Court against an EU institution for damages resulting from unlawful conduct is when the conditions for liability as set out in Case C-352/98 Bergaderm are satisfied. This case established the criteria for non-contractual liability of the EU, requiring a sufficiently serious breach of a rule of law intended to confer rights on individuals, actual damage, and a direct causal link between the breach and the damage suffered.

Question 2

Against which of the EU institutions CANNOT an action for damages under Article 340(2) TFEU be brought?&#10;A) The European Council&#10;B) The ECJ&#10;C) The General Court

Accepted Answer

The European Court of Justice (ECJ) is not subject to actions for damages under Article 340(2) of the Treaty on the Functioning of the European Union (TFEU) because it is a judicial body, and the provision applies to non-contractual liability in the performance of the EU institutions' tasks, excluding the judicial activities of the Court.

Question 3

In which of the cases set out below did the ECJ hold that if applicants have contributed through their own negligence to damage, the amount of damages will be reduced proportionally?&#10;A) In Joined Cases C-104/89 and 37/90 Mulder&#10;B) In Case 145/83 Adams&#10;C) In Case C-352/98 Bergaderm

Accepted Answer

B

Question 4

Which of the following claims will be inadmissible under Article 340(2) TFEU?&#10;A) A claim for damages caused by a lawful administrative act of the EU&#10;B) A claim for damages caused by an act of EU servants acting outside the course of their duty&#10;C) A claim based on unjust enrichment of the EU

Accepted Answer

Article 340(2) TFEU states that the EU shall, in accordance with the general principles common to the laws of the Member States, make good any damage caused by its institutions or by its servants in the performance of their duties. Therefore, a claim for damages caused by a lawful administrative act of the EU or by an act of EU servants acting outside the course of their duty may still be admissible under Article 340(2) TFEU. However, a claim based on unjust enrichment of the EU would not fall within the scope of this provision and would therefore be inadmissible.

Question 5

What conditions must be satisfied by an applicant claiming unjust enrichment in order to succeed under Article 340(2) TFEU?&#10;A) An applicant must satisfy the three conditions set out in Case C-352/98 Bergaderm&#10;B) The only condition that an applicant must satisfy is to prove enrichment of the defendant for which there is no valid legal basis and the impoverishment of the applicant which is linked to that enrichment&#10;C) An applicant must satisfy not only the three conditions set out in Case C-352/98 Bergaderm but also prove enrichment of the defendant for which there is no valid legal basis and the impoverishment of the applicant which is linked to that enrichment

Accepted Answer

An applicant must prove the enrichment of the defendant without a valid legal basis and the impoverishment of the applicant linked to that enrichment to claim unjust enrichment under Article 340(2) TFEU.

Deck 16: Direct Actions Against EU Institutions, Bodies, Offices or Agencies Part II Action for Damages: Non-Contractual Liability of the European Union Under Article 3402 TFEU