Judgment_paragraph 59 · 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)

59The defendants point out that, as regards the Community's non-contractual liability, a right to reparation is conferred where three conditions are met: the rule of law infringed must be intended to protect individuals and the breach must be sufficiently serious; the existence of damage must be established; and, lastly, there must be a direct causal link between the breach which is the responsibility of the Community and the damage sustained by the injured parties (Joined Cases T-94/00, T-110/00 and T-159/00 Rica Foods and Others v Commission [2002] ECR II-4677, paragraphs 250 and 251, and Exporteurs in Levende Varkens and Others v Commission, paragraphs 81 and 91). They deny that those three conditions are all met in the present case and state that the burden of proof lies with the applicants.