40That conclusion is not called into question by the settled case-law, noted in essence by the General Court in paragraph 42 of the judgment under appeal, from which it follows that the action for damages is an autonomous form of action, with a particular purpose to fulfil within the system of legal remedies and subject to conditions of use dictated by its specific purpose (see, to that effect, judgment of 23 March 2004, Ombudsman v Lamberts, C‑234/02 P, EU:C:2004:174, paragraph 59 and the case-law cited).That autonomy is without prejudice to the fact that, in order to assess the merits of such an action, the EU judicature is to analyse the legality of the conduct of the EU institution or body giving rise to the damage (see, to that effect, judgment of 23 March 2004, Ombudsman v Lamberts, C‑234/02 P, EU:C:2004:174, paragraphs 60 and 61).
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