Schöppenstedt v Council [1971] ECR 975

• 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:

  1. A breach of a superior rule of law;

  2. The breach must be sufficiently serious; and

  3. 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.