Judgment of the Court (First Chamber) 27 June 1991

In Case T-120/89,

THE COURT OF FIRST INSTANCE (First Chamber), composed of: J. L. Cruz Vilaça, President, R. Schintgen, D. A. O. Edward, R. Garcia-Valdecasas and K. Lenaerts, Judges, Advocate General: J. Biancarelli, Registrar: H. Jung,

having regard to the written procedure and further to the hearing on 19 September 1990,

after hearing the Opinion of the Advocate General at the sitting on 30 January 1991,

gives the following

Judgment

The facts

Procedure

Admissibility

The absence of prior annulling decisions

1. The last three quarters of 1985

2. The last two quarters of 1986, 1987 in its entirety and the first two quarters of 1988

The absence of a prior judgment of the Court of Justice finding the existence of a fault of such a nature as to render the Community liable

Substance

The conditions as to liability under the ECSC Treaty

The consequences of the illegality found by the judgment of the Court of Justice of 14 July 1988 in Case 103/85

The consequences of the illegality found by the judgment of the Court of Justice in Joined Cases 33/86, 44/86, 110/86, 226/86 and 285/86 and the judgment of the Court of Justice in Joined Cases 218/87, 223/87, 72/88 and 92/88

The harm

The direct nature of the harm

The special nature of the harm

Costs

1 Language of the case: German.