41It is apparent from the Court’s settled case-law that the Union may incur non-contractual liability under the second paragraph of Article 340 TFEU only if a number of conditions are fulfilled, namely the unlawfulness of the conduct alleged against the Union institution, the fact of damage and the existence of a causal link between the conduct of that institution and the damage complained of (judgment of 5 September 2019, European Union v Guardian Europe and Guardian Europe v European Union, C‑447/17 P and C‑479/17 P, EU:C:2019:672, paragraph 147 and the case-law cited).
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