80Thus, in such a case, the EU judicature must wait until the national court has given judgment before ruling on the existence and the quantum of any damage. Nor can it adjudicate in the meantime on the causal link between the conduct alleged against the European Union and the damage invoked. On the other hand, it may, even before the national court has given its ruling, determine whether the conduct alleged is capable of giving rise to non-contractual liability on the part of the European Union. Moreover, in the judgment in Kampffmeyer and Others v Commission (at p. 262), cited in paragraph 79 above, before staying proceedings, the Court of Justice adjudicated on whether there was ‘a wrongful act or omission capable of giving rise to liability on the part of the Community’.
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