Judgment_paragraph 78 · Julia Abad Pérez and Others v Council of the European Union and Commission of the European Communities (T-304/01)

78The defendants point out that traders cannot have a legitimate expectation that an existing situation which is capable of being altered by the Community institutions in the exercise of their discretionary power will be maintained (Case C-350/88 Delacre and Others v Commission [1990] ECR I-395, paragraph 33). Likewise, the concept of protection of legitimate expectations presupposes that the person concerned entertains hopes based on specific assurances given by the Community administration (order in Case T-195/95 Guérin Automobiles v Commission [1996] ECR II-171, paragraph 20). The applicants have not adduced any evidence of the institutions' having given them such assurances, and Decision 96/239 also gives clear indication of its temporary and transitional nature. It is, in any event, obvious that the institutions could not guarantee that the disease would not reach Spanish territory and even less offer specific assurances on the matter.