Detlef Nölle v Council of the European Union and Commission of the European Communities (T-167/94)

Judgment of 18 Sept 1995

law://eu/cjeu/1994/t-167-94/para_79@2026-11-14

79Moreover, according to the applicant, the breach is also serious in view of the extent of the discretion which the Community institutions enjoy in implementing Article 2(5)(a) of the basic regulation, compliance with the procedural rules, which include the principles of care and proper administration, being particularly important because the Community institutions have a wide discretion in the present case. If, therefore, it was appropriate to attach particular importance to the rules breached when Regulation No 725/89 was adopted because Article 2(5)(a) of the basic regulation confers a wide discretion on the Community institutions, it follows, in the applicant's opinion, that the breaches of the principles of care and proper administration must be regarded as serious. Finally, the applicant argues that the Court of Justice has held in its more recent case-law that the fact that the breach in question verges on the arbitrary is not a necessary condition for involving the Community in liability (judgment in Case C-220/91 P Commission v Stahlwerke Peine-Salzgitter [1993] ECRI-2393).

Detlef Nölle v Council of the European Union and Commission of the European Communities (T-167/94)

Key facts

History · 1 version

Connections