40However, the General Court could not thereby decide that the conditions under which the European Union incurs non-contractual liability on the basis of a breach of the duty to act diligently were satisfied without taking into consideration the field or the circumstances or the context in which that duty was imposed on the EU institution or body concerned (see, to that effect, judgment of 30 January 1992, Finsider and Others v Commission, C‑363/88 and C‑364/88, EU:C:1992:44, paragraph 24).
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