50The system of rules which the Court of Justice has worked out in relation to the non-contractual liability of the Community takes into account, inter alia, the complexity of the situations to be regulated, difficulties in the application or interpretation of the legislation and, more particularly, the margin of discretion available to the author of the act in question (Bergaderm and Goupil v Commission, paragraph 40, and Commission v Fresh Marine, paragraph 24).
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