150However, it cannot be ruled out that the contractual and the non-contractual liability of an EU institution may coexist in respect of one of the parties with which it has concluded a contract, as the nature of unlawful conduct attributable to an institution which causes damage and may be the subject of a claim seeking compensation for non-contractual damage is not predefined (see, to that effect, judgments in Ombudsman v Lamberts, cited in paragraph 142 above, EU:C:2004:174, paragraph 59 and the case-law cited, and 18 December 2009 in Arizmendi and Others v Council and Commission, T‑440/03, T‑121/04, T‑171/04, T‑208/04, T‑365/04 and T‑484/04, ECR, EU:T:2009:530, paragraph 65). Assuming that such coexisting liability for the institutions exists, it would be possible only if the unlawful conduct attributed to the institution in question constitutes a breach of not only a contractual obligation, but also of a general obligation incumbent on it and that unlawful conduct in respect of the general obligation has caused damage other than damage stemming from the improper performance of the contract.
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