77The EIB submits that it follows from the requirements under Article 44(1)(c) of the Rules of Procedure that the claim for damages is inadmissible, since the three conditions laid down in the second paragraph of Article 288 EC that must be satisfied for the Community to incur non-contractual liability are not referred to, in the present case, in the application and the applicant fails to assert that those conditions are met. In the view of the EIB, there is a lack of precision in the application with regard to the purported unlawful acts vitiating the tendering procedure, the causal link between those unlawful acts and the loss alleged by the applicant and the nature and precise amount of damages claimed. Accordingly, in the light of the case-law applicable (Case 5/71 Zuckerfabrik Schöppenstedt v Council [1971] ECR 975, and Case T-461/93 An Taisce and WWF UK v Commission [1994] ECR II-733, paragraphs 42 and 43), such a claim should be rejected as inadmissible.
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