Judgment_paragraph 67 · Alessandro Accorinti and Others v European Central Bank (T-79/13)

67As regards the first condition, relating to the unlawfulness of the alleged conduct of the institution or body concerned, the case-law requires that there must be established a sufficiently serious breach of a rule of law intended to confer rights on individuals (judgment of 4 July 2000 in Bergaderm and Goupil v Commission, C‑352/98 P, ECR, EU:C:2000:361, paragraph 42). The decisive test for finding that a breach is sufficiently serious is whether the EU institution or body concerned manifestly and seriously disregarded the limits on its discretion. It is solely where that institution or body has only considerably reduced, or even no, discretion, that the mere infringement of EU law may suffice to establish the existence of a sufficiently serious breach (judgment of 10 December 2002 in Commission v Camar and Tico, C‑312/00 P, ECR, EU:C:2002:736, paragraph 54; in Arcelor v Parliament and Council, paragraph 53 above, EU:T:2010:54, point 141, and in ATC and Others v Commission, paragraph 57 above, EU:T:2013:451, paragraph 62).