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Schöppenstedt v Council

[1971] ECR 975

Case summary last updated at 08/02/2020 18:47 by the Oxbridge Notes in-house law team.

Judgement for the case Schöppenstedt v Council

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 C 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.”

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