“…e before the Court was whether there had been a sufficiently serious breach of the rule of law as to trigger the EU’s non-contractual liability to pay damages (Case T-429/05 [2010] ECR 11-491). The Commission argued before the General Court that there had been no infringement of Article 11. The General Court held that that plea was…”
“… not so far resolved the second question about the breach of Article 11. It followed, therefore, that the General Court had erred in holding in its judgment in Case T-429/05 that the factual and legal findings in the judgment of the General Court in Cases T-74/00 etc concerning the infringement of Article 11 had acquired the force …”