178As regards the unlawfulness of the institution's alleged conduct, the Commission claims that, since the alleged failure to take action concerned an act of a legislative nature and, moreover, an act to be adopted in the common agricultural policy sector, the Community could incur liability only in restricted circumstances (Cases 83/76 and 94/76, 4/77,15/77 and 40/77 HNL and Others v Council and Commission [1978] ECR 1209 and Case 238/78 Ireks-Arkady v Council and Commission [1979] ECR 2955; Case T-571/93 Lefebvre and Others v Commission [1995] ECR II-2379). In any event, those conditions were not satisfied in the present case since it had neither infringed Article 30 of Regulation No 404/93 nor breached the principle of nondiscrimination.
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.