Damages Actions against the EU Institutions Following the CFI’s Judgment in My Travel v. Commission

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Alberto Martinazzi, Mario Todino, Nov 29, 2008

In this paper, the authors argue that following MyTravel, the prospects for success of damages actions based on the Commission’s noncontractual liability in merger cases are very remote. It seems unlikely that the Commission may, in the future, commit completely unjustifiable errors of substantive assessment resulting in a “grave and manifest disregard of the limits of its