Judgment_paragraph 56 · Frank Steinhoff and Others v European Central Bank (T-107/17)

56Consequently, the ECB cannot rely on the case-law prior to the judgment of 23 March 2004, Ombudsman v Lamberts (C‑234/02 P, EU:C:2004:174, paragraphs 31 to 94), in which the EU Courts had dismissed actions for damages as inadmissible on the sole ground that the unlawfulness pleaded was based on a measure with no legal effects (orders of 13 June 1991, Sunzest v Commission, C‑50/90, EU:C:1991:253, paragraphs 17 to 20; of 4 October 1991, Bosman v Commission, C‑117/91, EU:C:1991:382, paragraph 20; and of 10 December 1996, Söktas v Commission, T‑75/96, EU:T:1996:183, paragraph 49). The admissibility of an action for damages brought against an opinion of the ECB cannot therefore depend on whether or not that opinion was legally binding. To declare an action for damages to be inadmissible solely on the ground that the measure causing the alleged damage is not binding would be at odds with the purpose and effectiveness of that remedy.