J. M. Mulder and others and Otto Heinemann v Council of the European Communities and Commission of the European Communities (C-104/89, C-37/90)

Judgment of 19 May 1992

law://eu/cjeu/1989/c-104-89/para_33@2026-11-13

33As regards income from any replacement activities which is to be deducted from the hypothetical income referred to above, it must be noted that that income must be taken to include not only that which the applicants actually obtained from replacement activities, but also that income which they could have obtained had they reasonably engaged in such activities. This conclusion must be reached in the light of a general principle common to the legal systems of the Member States to the effect that the injured party must show reasonable diligence in limiting the extent of his loss or risk having to bear the damage himself. Any operating losses incurred by the applicants in carrying out such a replacement activity cannot be attributed to the Community, since the origin of such losses does not lie in the effects of the Community rules.

J. M. Mulder and others and Otto Heinemann v Council of the European Communities and Commission of the European Communities (C-104/89, C-37/90)

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