Judgment_paragraph 42 · Ante Šumelj and Others v European Commission (T-546/13, T-108/14, T-109/14)

42According to settled case-law, omissions by the institutions give rise to liability on the part of the European Union only when the institutions have breached a legal obligation to act under a provision of EU law (judgments of 15 September 1994 in KYDEP v Council and Commission, C‑146/91, ECR, EU:C:1994:329, paragraph 58, and of 13 November 2008 in SPM v Council and Commission, T‑128/05, EU:T:2008:494, paragraph 128). It also follows from the case-law that the requirement that there be a breach of a rule of law intended to confer rights on individuals also applies in the case of a wrongful omission (see judgment of 29 January 1998 in Dubois et Fils v Council and Commission, T‑113/96, ECR, EU:T:1998:11, paragraph 60 and the case-law cited).