Judgment_paragraph 59 · European Ombudsman v Frank Lamberts (C-234/02 P)

59The action to establish liability is an autonomous form of action, with a particular purpose to fulfil within the system of legal remedies and subject to conditions of use dictated by its specific purpose (Case 4/69 Liitticke v Commission [1971] ECR 325, paragraph 6, and the order of 21 June 1993 in Case C-257/93 Van Parijs and Others v Council and Commission [1993] ECR I-3335, paragraph 14). Although actions for annulment and for failure to act seek a declaration that a legally binding measure is unlawful or that such a measure has not been taken, an action to establish liability seeks compensation for damage resulting from a measure or from unlawful conduct, attributable to a Community institution or body (see to that effect Case 118/83 CMC v Commission [1985] ECR 2325, paragraphs 29 to 31; Case C-308/87 Grifoni v Commission [1990] ECR I-1203, and Case C-146/91 KYDEP v Council and Commission [1994] ECR I-4199).