Judgment_paragraph 47 · Bernard Laga v Commission of the European Communities (T-93/95)

47As the Court has found above (paragraphs 37 to 40), the refusal to make the applicant an offer of compensation attributable to the defendant under the circumstances specified in Regulation No 2187/93 resulted from the outcome of the checks carried out by the national authorities. Since the claim for damages is based on an alleged error in the findings made in the course of those checks, the event giving rise to the loss for which the applicant claims reparation is an act adopted by the national authorities in the exercise of their own powers. It follows that the conditions which must be satisfied for the matter to be brought before the Court under Article 178 and the second paragraph of Article 215 of the Treaty are not fulfilled. Those provisions confer jurisdiction on the Community judicature to award compensation only for damage caused by the Community institutions or by their servants in the performance of their duties. Thus, damage caused by national authorities cannot give rise to liability on the part of the Community and falls solely within the jurisdiction of the national courts, which will order compensation for such damage where appropriate (see, in particular, the judgment of the Court of First Instance in Case T-571/93 Lefebvre and Others v Commission [1995] ECR II-2379, paragraph 65, together with the judgments of the Court of Justice in Case 12/79 Wagner v Commission [1979] ECR 3657, paragraph 10, and Case 175/84 Krohn v Commission [1986] ECR 753, paragraph 18).