42So far as concerns the second component of the first condition for non-contractual liability of the European Union, it is also apparent from the case-law cited in paragraph 33 of the present judgment that non-contractual liability of the European Union can arise only if the institution concerned manifestly and gravely disregarded the limits set on its discretion. It is, furthermore, clear from that case-law that, in order to determine whether a breach of a rule of EU law is sufficiently serious, the EU judicature takes into account inter alia the complexity of the situations to be regulated, the difficulties in applying or interpreting the legislation and, more particularly, the margin of discretion available to the author of the act in question.
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