Judgment_paragraph 33 · Laboratoires pharmaceutiques Bergaderm SA and Jean-Jacques Goupil v Commission of the European Communities (T-199/96)

33Although the applicants maintain that the Commission's conduct may be classed as a ‘sufficiently clear breach’ of Community law, as defined by the Court of Justice when considering the issue of non-contractual liability arising from legislative measures, they argue by way of a preliminary point that Directive 95/34 must be regarded as an administrative act, not a legislative measure, since it deals exclusively with the use of psoralens in sun products and, accordingly, concerns only Bergasol. On that point, they refer to the case-law of the Court of Justice to the effect that legislative measures must concern a category of persons (Case C-119/88 AERPO and Others v Commission [1990] ECR I-2189, paragraph 17). They submit that any breach of Community law committed by the Commission during the preparation or adoption of Directive 95/34 amounts to a fault which may attract a penalty in these proceedings.

Laboratoires pharmaceutiques Bergaderm SA and Jean-Jacques Goupil v Commission of the European Communities (T-199/96)

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