Judgment_paragraph 55 · Frank Steinhoff and Others v European Central Bank (T-107/17)

55Unlike actions for annulment, the admissibility of actions for damages does not depend on whether the measure causing the alleged damage was in the nature of a decision or was binding. All conduct causing damage is capable of establishing non-contractual liability (see, to that effect, judgment of 23 March 2004, Ombudsman v Lamberts, C‑234/02 P, EU:C:2004:174, paragraphs 50 to 52 and 60; see also, concerning the breach of an obligation to do or to refrain from doing something, judgment of 20 September 2016, Ledra Advertising and Others v Commission and ECB, C‑8/15 P to C‑10/15 P, EU:C:2016:701, paragraphs 55 to 59, 67 and 68; concerning a reasoned opinion, judgment of 18 December 2009, Arizmendi and Others v Council and Commission, T‑440/03, T‑121/04, T‑171/04, T‑208/04, T‑365/04 and T‑484/04, EU:T:2009:530, paragraphs 66 to 69; and, concerning an individual omission, judgment of 16 November 2017, Acquafarm v Commission, T‑458/16, not published, EU:T:2017:810, paragraph 44 and the case-law cited). Indeed, if an EU Court were unable to assess the legality of the conduct of an EU institution or body, the procedure provided for in Article 268 and the second and third paragraphs of Article 340 TFEU would be rendered ineffective (see, to that effect, judgment of 23 March 2004, Ombudsman v Lamberts, C‑234/02 P, EU:C:2004:174, paragraph 61).