Alfred Thomas Edward Saint and Christopher Murray v Council of the European Union and Commission of the European Communities (T-554/93)

Judgment of 16 Apr 1997

law://eu/cjeu/1993/t-554-93/para_77@2026-11-13

77In the Commission's contention, the applicants could have brought an action as soon as they were refused a reference quantity. In view of the independent nature of an action for damages, they would have been entitled to bring such an action without having to show that the legislation concerned was invalid (CNTA v Commission, cited above, Case 90/78 Granaria v Council and Commission [1979] ECR 1081 and Joined Cases 241/78, 242/78 and 245/78 to 250/78 DGV and Others v Council and Commission [1979] ECR 3017). The Commission contests the applicants' assertion that before Regulation No 857/84 was declared invalid, producers were unaware that they could bring an action for damages. It claims that, to apply the applicants' logic, there would never be any actions unless some public authority had acted first to obtain a declaration that the act which caused the damage was invalid. It is settled law that whether an action for damages will lie does not depend on the existence of a declaration of illegality (Case 5/71 Zuckerfabrik Schöppenstedt v Council [1971] ECR 975). The producers should have been vigilant to protect their rights. The applicants hesitated in the face of the risks of litigation and the price of that hesitation is the running of time.

Alfred Thomas Edward Saint and Christopher Murray v Council of the European Union and Commission of the European Communities (T-554/93)

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