116To the extent that the action for damages is based on the alleged unlawfulness of the Board of Appeal decision, it should be noted that one of the conditions for non-contractual liability of the Union to be engaged is absent. According to settled case-law, in order for the Union to incur non-contractual liability under the second paragraph of Article 340 TFEU and for the right to compensation to be enforceable, a number of conditions must be satisfied: the conduct alleged against the institutions must be unlawful, actual damage must have been suffered and there must be a causal link between that conduct and the damage alleged. That liability cannot be regarded as having been incurred without satisfaction of all the conditions to which the duty to make good any damage, as defined in the second paragraph of Article 340 TFEU, is thus subject (see, to that effect, judgment of 9 September 2008 in FIAMM and Others v Council and Commission, C‑120/06 P and C‑121/06P, ECR, EU:C:2008:476, paragraphs 164 and 165 and the case-law cited).
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