Europa 1. Non-contractual liability – conditions – illegality – damage – chain of causality (EEC Treaty, art. 215, second paragraph)
2. Agriculture – common organization of the markets – beef and veal – price system – right of producers to precise price levels of community rules – none (regulation no 805/68 of the council)
1. The non-contractual liability of the community under the second paragraph of article 215 of the EEC Treaty depends on the coincidence of a set of conditions as regards the unlawfulness of the acts alleged against the institution, the fact of damage, and the existence of a direct link in the chain of causality between the wrongful act and the damage complained of.
2. The price system which is an integral part of the common organization of the market in beef and veal – established by regulation no 805/68 – does not have the effect of guaranteeing to individual traders that their produce will be disposed of at the precise price level determined by community rules. That level, expressed in units of account, does not therefore constitute a value which could be used as a basis for comparison with the prices obtained by a producer on the market with a view to demonstrating that certain damage has been caused.
Citations:
C-49/79, [1980] EUECJ C-49/79
Links:
European, Contract, Agriculture
Updated: 21 May 2022; Ref: scu.132844