24With regard a claim for compensation for material damage which an applicant alleges to have suffered on account of the costs incurred in seeking legal advice at the pre-litigation stage of the procedure governed by Article 90 of the Staff Regulations, the Court of Justice held that, since in particular the contents of administrative complaints lodged under that provision must be interpreted and understood by the administration with all the care that a large and well-equipped institution owes to those having dealings with it, including members of its staff, although it is not possible to prohibit those concerned from seeking legal advice even at that stage, it is their own decision and the institution concerned cannot be held liable for the consequences. Thus, there is no causal link between the damage alleged, namely the lawyers' fees, and the act of the institution concerned (see, to that effect, Herpels v Commission, paragraphs 47 to 49).
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.