Extra contractual liability of the European Commission : The EU Court of First Instance rejects an action for damages caused by a mistaken decision of the European Commision which had declared a merger not compatible with the Common Market (Airtours / MyTravel)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The Community judicature cannot assess in the same way an action for annulment of a decision of the Court of First Instance of the European Communities in a compensation for damage caused by an erroneous decision of the Commission declaring a concentration incompatible with the common market and an action for annulment of that decision to prohibit the transaction of concentration. In the first case, where it is not a question of examining the legality of the contested decision to ensure that the Commission has correctly assessed the various elements of the operation of the concentration, but to determine whether the non-contractual liability of the