62Secondly, so far as concerns the alleged material damage, it must be pointed out that the appellant did not particularise in her application the extent of the damage allegedly suffered but did so only in her reply. As a result, she did not comply with the requirements of Article 44(1) of the Rules of Procedure of the Court of First Instance. The Court of Justice has, admittedly, accepted that, in certain special cases, particularly where the alleged loss is difficult to calculate, it is not absolutely necessary to particularise its exact extent in the application nor to calculate the amount of the compensation claimed (see, particularly, Case 74/74 CNTA v Commission [1975] ECR 533 and Case 90/78 Granaria v Council and Commission [1979] ECR 1081, 1090). However, in these proceedings, the appellant has not established, nor even claimed, the existence of special circumstances justifying the omission to calculate, in the application, that head of loss. Therefore, the claim for compensation for the material damage is inadmissible and must be dismissed.
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.