75Furthermore, the fact that in paragraph 40 of that judgment and in Case C-321/95 P Greenpeace Council and Others v Commission [1998] ECR I-1651 the Court referred to the existence of a complete system of legal remedies and procedures designed to ensure judicial review of the legality of acts of the institutions, but without including Article 288 EC, demonstrates the inaccuracy of the Court of First Instance's statement, in paragraph 123 of the judgment under appeal, that it is not contrary to the need for effective judicial protection to deny the admissibility of an action for annulment because of the possibility of bringing an action for non-contractual liability on the basis of that article. Furthermore, mere lack of competence on the part of the Community institutions does not give rise to non-contractual liability on the part of the Community, so that an action for damages does not suffice to provide the appellants with effective judicial protection.
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