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Non-contractual liability – Financial intermediaries – Commission’s failure to act – Rules of law conferring rights on individuals – Action clearly devoid of legal foundation
Non-contractual liability – Conditions – Sufficiently serious breach of a rule conferring rights on individuals (Arts 235 EC and 288, para. 2, EC) (see paras 18, 22)
ACTION in non-contractual liability seeking compensation for financial loss allegedly suffered by the applicant through the Commission’s failure to ensure the full application and correct interpretation of the Community provisions governing the activities of financial intermediaries.
The Court:
1.Dismisses the action as clearly unfounded.
2.Orders Mr Rosario Maria Pellegrini to pay the costs, including those relating to the interim proceedings.