52As for the Council's ground of appeal complaining that the Court of First Instance based itself, in order to hold the Commission liable, on its case-law according to which, in the field of administrative action, any infringement of the law constitutes illegality that is capable of rendering the Community liable, it is appropriate to point out that the system of rules which the Court has worked out in relation to the non-contractual liability of the Community takes into account, inter alia, the complexity of the situations to be regulated, difficulties in the application or interpretation of the texts and, more particularly, the margin of discretion available to the author of the act in question (see Joined Cases C-46/93 and C-48/93 Brasserie du pêcheur and Factortame [1996] ECR I-1029, paragraph 43, and Bergaderm and Goupil v Commission, cited above, paragraph 40).
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