235However, in paragraph 141 of the judgment in Case C-414/08 P Sviluppo Italia Basilicata v Commission [2010] ECR I-2559, after stating that there was no need for it to adjudicate on the ‘possibility of liability being incurred on the part of the European Union for harm caused by a lawful act in circumstances such as those in the present case’, the Court of Justice made clear that the General Court was entitled, without erring in law, to reject a plea of liability on the part of the European Union for harm caused by a lawful act, on the ground that the damage alleged by the appellant was not, ‘in any event’, unusual or special. In other words, the Court of Justice pointed out that the General Court did not err in law in not resolving the question of whether there was strict liability under EU law and in rejecting ‘in any event’ the arguments submitted to it in the absence of proof that the damage relied on was unusual and special.
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