Damages for unlawful EU legislation (Dyson and others v Commission)

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the court decide?
• Case details

Article summary

EU Law analysis: The applicants sought damages from the European Commission for losses allegedly suffered as a result of the unlawfulness of EU delegated legislation made by the Commission. In order to establish the Commission’s liability, the applicants first had to establish that the Commission had committed a sufficiently serious breach of EU law, by manifestly and gravely disregarding the limits of its discretion when making the implementing regulation. The court dismissed the claim, concluding that the technical issues relating to energy efficiency labelling were difficult and that the Commission’s error was in all the circumstances excusable. There was therefore not a sufficiently serious breach of EU law which was the first precondition for an EU institution’s non-contractual liability. Written by Denis Edwards, barrister, Normanton Chambers.