Schöppenstedt v Council [1971] ECR 975
Country:
United Kingdom
Reviewed By Oxbridge Law Team
Updated 2024-01-04 07:14:52 UTC
Z brought an action for damages against the council under Article 288 in respect of an invalid regulation on sugar pricing that caused loss to Z company.
In this case it was granted.
ECJ
-
To establish the non-contractual liability of Community for a legislative act concerning economic policy there have to be:
A breach of a superior rule of law;
The breach must be sufficiently serious; and
The superior law must be one for the protection of the individual.
Also NB that:
A claim for any unspecified form of damages is not sufficiently concrete and must therefore be regarded as inadmissible.
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