Judgment_paragraph 18 · Dorsch Consult Ingenieurgesellschaft mbH v Council of the European Union and Commission of the European Communities (C-237/98 P)

18The Court of First Instance also rightly considered that it is clear from the relevant case-law that, in the event of the principle of Community liability for a lawful act being recognised in Community law, a precondition for such liability would in any event be the existence of ‘unusual’ and ‘special’ damage (see Joined Cases 9/71 and 11/71 Compagnie d'Approvisionnement, de Transport et de Crédit et Grands Moulins de Paris v Commission [1972] ECR 391, paragraphs 45 and 46, and Case 59/83 Biovilac v European Economic Community [1984] ECR 4057, paragraph 28).