Judgment_paragraph 42 · É. R., O. O., J. R., A. R., B. P. R. and Others v Council of the European Union and Commission of the European Communities (T-138/03)

42Moreover, it should be noted that the Court has held that, where the same damage is the subject of two actions for compensation, one against a Member State before a national court and the other against the Community before the Community judicature, it may prove necessary, before deciding on the amount of the damage for which the Community will be held liable, to wait until the national court has given judgment on any liability on the part of the Member State, in order to avoid the applicant's being insufficiently or excessively compensated because of the different assessment of two different courts (see, to that effect, Joined Cases 5/66, 7/66 and 13/66 to 24/66 Kampffmeyer and Others v EEC Commission [1967] ECR 245, at 266, and Case 30/66 Becher v Commission [1967] ECR 285, at 300). In any event, that question does not concern the admissibility of the action brought before the Community judicature, but merely, where relevant, the final decision on the amount of the compensation it should grant.