Judgment_paragraph 26 · Commission of the European Communities v Fresh Marine Company A/S (C-472/00 P)

26As regards the second condition, the decisive test for finding that a breach of Community law is sufficiently serious is whether the Community institution concerned manifestly and gravely disregarded the limits on its discretion. Where that institution has only considerably reduced, or even no, discretion, the mere infringement of Community law may be sufficient to establish the existence of a sufficiently serious breach (see, inter alia, Bergaderm and Goupil, paragraphs 43 and 44, and Commission v Camar and Tico, paragraph 54).