59The defendants state that the unlawful conduct which the applicants allege against them is related to the field of their legislative activity, in which the Community may be held liable only exceptionally (Case 238/78 Ireks-Arkady v Council and Commission [1979] ECR 2955, paragraph 9) and where there is a higher-ranking rule of law for the protection of individuals (Exporteurs in Levende Varkens and Others v Commission, paragraph 81). Where the institutions have adopted a legislative measure in the exercise of a wide discretion, the Community cannot be held liable unless, in addition, the breach is clear, that is to say, it is of a manifest and serious nature (Joined Cases 83/76, 94/76, 4/77, 15/77 and 40/77 HNL and Others v Council and Commission [1978] ECR 1209, paragraph 6). It is therefore necessary that the institution in question has seriously disregarded the limits on the exercise of its powers (Case 106/81 Kind y EEC [1982] ECR 2885, paragraph 12). Proof of such unlawfulness must be provided by the applicants (Case C-146/91 KYDEP v Council and Commission [1994] ECR I-4199, paragraphs 43 and 44). The Council and the Commission have done nothing unlawful in their efforts to combat BSE.
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