Judgment_paragraph 64 · Vakakis kai Synergates - Symvouloi gia Agrotiki Anaptixi AE Meleton, formerly Vakakis International - Symvouloi gia Agrotiki Anaptixi AE v European Commission (T-292/15)

64Therefore, only the unlawful conduct of an institution giving rise to such a sufficiently serious breach is capable of establishing the liability of the EU. In that regard, it should be noted that the decisive test for finding that a breach of EU law is sufficiently serious is whether there was a manifest and grave disregard by the institution of the limits on its discretion (judgment of 4 July 2000, Bergaderm and Goupil v Commission, C‑352/98 P, EU:C:2000:361, paragraph 43). In particular, it follows from the case-law that the system of rules which the Court of Justice has worked out in relation to the non-contractual liability of the EU takes into account, inter alia, the complexity of the situations to be regulated, difficulties in the application or interpretation of the legislation and, more particularly, the margin of discretion available to the author of the act in question (judgments of 4 July 2000, Bergaderm and Goupil v Commission, C‑352/98 P, EU:C:2000:361, paragraph 40; of 10 December 2002, Commission v Camar and Tico, C‑312/00 P, EU:C:2002:736, paragraph 52; and of 10 July 2003, Commission v Fresh Marine, C‑472/00 P, EU:C:2003:399, paragraph 24).

Vakakis kai Synergates - Symvouloi gia Agrotiki Anaptixi AE Meleton, formerly Vakakis International - Symvouloi gia Agrotiki Anaptixi AE v European Commission (T-292/15)

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