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    STUDIA EUROPAEA - Issue no. 1 / 2007  
         
  Article:   THE RECURS FOR LIABILITY UNDER COMMUNITY LAW / LE RECOURS EN RESPONSABILITÉ EXTRACONTRACTUELLE EN DROIT COMMUNAUTAIRE.

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  Abstract:  The action in liability has as object the reparation by the Community of the damages caused, in the absence of a contract, by their institutions, by the institution’s servants or agents in the performance of their duties, respectively, to natural or legal persons or to States, member or not-member. It is about a noncontractual liability, either one for it’s personal action, if the servants are the legal representative of the institutions, or a vicarious one, as employer, if the servants are some employees. The liability is drawn for any institution or body, including the three Courts, to the extent to which it is about their administrative functions. The damage can be caused by an illegal act, by an illegal failure to adopt an act or by an action. It must be direct, certain, determinable, personal and, in some circumstances, abnormal and special. It can be present or future, material or moral. The delay for the introduction of this action is of five years running from the occurence of the event giving rise to the liability.  
         
     
         
         
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