Judgment_paragraph 31 · Novar GmbH v European Union Intellectual Property Office (T-726/14)

31In that respect, it is apparent from settled case-law that where representation by a lawyer or adviser in the pre-litigation procedure is not mandatory, there is no causal link between the alleged damage, namely the cost of such representation, and any exceptionable conduct on the part of the institution or body. Although, it is not possible to prohibit those concerned from seeking legal advice even at that stage, it is their own decision and the institution or agency concerned cannot be held liable for the consequences (see, to that effect, judgments of 9 March 1978, Herpels v Commission, 54/77, EU:C:1978:45, paragraphs 46 to 49; of 28 June 2007, Internationaler Hilfsfonds v Commission, C‑331/05 P, EU:C:2007:390, paragraphs 24 to 29, and of 8 July 2008, Franchet and Byk v Commission, T‑48/05, EU:T:2008:257, paragraphs 415 and 416).

Novar GmbH v European Union Intellectual Property Office (T-726/14)

Key facts

History · 1 version

Connections