80It should be borne in mind that where the unlawfulness of a legal act is in issue, the non-contractual liability of the European Union depends on the fulfilment of a set of conditions, including the existence of a sufficiently serious breach of a rule of law that is intended to confer rights on individuals (see Case C-352/98 P Bergaderm and Goupil v Commission [2000] ECR I-5291, paragraphs 41 and 42; Case C-282/05 P Holcim (Deutschland) v Commission [2007] ECR I-2941, paragraph 47; and Joined Cases C-120/06 P and C-121/06 P FIAMM and Others v Council and Commission [2008] ECR I-6513, paragraphs 172 and 173).
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