Deck 16: Direct Actions Against EU Institutions, Bodies, Offices or Agencies Part II Action for Damages: Non-Contractual Liability of the European Union Under Article 3402 TFEU

Question 1

In which of the situations set out below can an applicant, who has suffered damages resulting from the unlawful conduct of the relevant EU institution, bring proceedings before the General Court against that institution?

A) Only when the applicant has successfully concluded proceedings under Article 263 TFEU
B) Only when the applicant has suffered damages exceeding
C) Only when the conditions for liability as set out in Case C-352/98 Bergaderm are satisfied

Answer 1

C

Question 2

Against which of the EU institutions CANNOT an action for damages under Article 340(2) TFEU be brought?

A) The European Council
B) The ECJ
C) The General Court

Answer 2

B

Question 3

In which of the cases set out below did the ECJ hold that if applicants have contributed through their own negligence to damage, the amount of damages will be reduced proportionally?

A) In Joined Cases C-104/89 and 37/90 Mulder
B) In Case 145/83 Adams
C) In Case C-352/98 Bergaderm

Answer 3

B

Question 4

Which of the following claims will be inadmissible under Article 340(2) TFEU?

A) A claim for damages caused by a lawful administrative act of the EU
B) A claim for damages caused by an act of EU servants acting outside the course of their duty
C) A claim based on unjust enrichment of the EU

Question 5

What conditions must be satisfied by an applicant claiming unjust enrichment in order to succeed under Article 340(2) TFEU?

A) An applicant must satisfy the three conditions set out in Case C-352/98 Bergaderm
B) The only condition that an applicant must satisfy is to prove enrichment of the defendant for which there is no valid legal basis and the impoverishment of the applicant which is linked to that enrichment
C) An applicant must satisfy not only the three conditions set out in Case C-352/98 Bergaderm but also prove enrichment of the defendant for which there is no valid legal basis and the impoverishment of the applicant which is linked to that enrichment