Judgment_paragraph 71 · Dole Fresh Fruit International Ltd v Council of the European Union and Commission of the European Communities (T-56/00)

71In the present case, it is appropriate to examine the first condition, that of unlawful conduct. With regard to that condition, the case-law requires it to be shown that there has been a sufficiently serious breach of a rule of law protecting individuals (see, to that effect, Case C-352/98 P Bergaderm and Goupil v Commission [2000] ECR I-5291, paragraph 42; and Case T-210/00 Biret et Cie v Council [2002] ECR II-47, paragraph 52). As to the condition that the breach must be sufficiently serious, the decisive test, particularly in a situation where the Community institution in question has broad discretion, is whether that institution manifestly and gravely disregarded the limits of its discretion (Mulder and Others v Council and Commission, cited above, paragraph 12; and Bergaderm and Goupil v Commission, cited above, paragraphs 40 and 43).