64Moreover, it submits that, since no Community institution or body is required to supervise the drain, the Commission cannot be found liable on the basis that its institutions or bodies infringed the most elementary rules of ordinary prudence. In that respect, the Court has already held that an institution cannot be found non-contractually liable in the absence of unlawful conduct (Case T-213/97 Eurocoton and Others v Council [2000] ECR II-3727).
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