126As regards the second part of the first condition for establishing the non-contractual liability of the European Union, relating to the requirement of a sufficiently serious breach of a rule of EU law intended to confer rights on individuals, the decisive criterion in that regard for finding that a breach of EU law is sufficiently serious is that there must have been a manifest and grave disregard for the limits of the discretion laid down by the rule infringed (see, to that effect, judgments of 4 July 2000, Bergaderm and Goupil v Commission, C‑352/98 P, EU:C:2000:361, paragraph 43 and the case-law cited, and of 4 April 2017, Ombudsman v Staelen, C‑337/15 P, EU:C:2017:256, paragraph 31 and the case-law cited). Where the authority concerned has only considerably reduced, or even no, discretion, the mere infringement of EU law may be sufficient to establish the existence of a sufficiently serious breach of that law (judgment of 10 July 2003, Commission v Fresh Marine, C‑472/00 P, EU:C:2003:399, paragraph 26 and the case-law cited). In particular, inexcusable mistakes, grave negligence in the exercise of a duty or an obvious lack of care constitute such an infringement (see, to that effect, judgment of 30 January 1992, Finsider and Others v Commission, C‑363/88 and C‑364/88, EU:C:1992:44, paragraph 22 and the case-law cited).
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