Judgment_paragraph 40 · Gestoras Pro Amnistía, Juan Mari Olano Olano and Julen Zelarain Errasti v Council of the European Union (C-354/04 P)

40The Council maintains that the appeal is unfounded. The Court of First Instance correctly considered that no claim for damages is provided for under Title VI of the EU Treaty. Since what was at issue was not an act adopted in the context of the European Community but an act adopted under the provisions governing the Union, an action for damages may not be brought on the basis of Article 288 EC. In support of its view the Council relies on the judgment in Case 99/74 Grands moulins des Antilles v Commission [1975] ECR 1531, paragraph 17.

Gestoras Pro Amnistía, Juan Mari Olano Olano and Julen Zelarain Errasti v Council of the European Union (C-354/04 P)

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