EU Law I: Community liability
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Community liability (Art. 288 EC)
- Non-contractual liability
- An unjust act or omission on the part of the institution or its servants
- Damage to the claimant (legal or natural person)
- Causal link between the two
- Streamlining of requirements between state liability of MS and 288, manifest breach of superior rule of law intending to produce effect for individual + causal link (Bergaderm)
- Independent form of action: solely to obtain financial compensation
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