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European Union – Commission. The applicant company alleged that its greenhouse gas emission allowances were stolen. It issued proceedings, contending that the European Union was liable by virtue of the European Commission's unlawful conduct in refusing to disclose the location of and prohibit all transactions concerning the allowances allegedly stolen. It alternatively contended that the EU had strict liability by virtue of the Commission's lawful conduct. The General Court of the European Union, in dismissing the action, held that it had not been established that the forms of conduct of which the Commission was accused were unlawful. Further, the damage alleged had not been unusual so as to establish strict liability.
European Union – Commission. The applicant company alleged that its greenhouse gas emission allowances were stolen. It issued proceedings, contending that the European Union was liable by virtue of the European Commission's unlawful conduct in refusing to disclose the location of and prohibit all transactions concerning the allowances allegedly stolen. It alternatively contended that the EU had strict liability by virtue of the Commission's lawful conduct. The General Court of the European Union, in dismissing the action, held that it had not been established that the forms of conduct of which the Commission was accused were unlawful. Further, the damage alleged had not been unusual so as to establish strict liability.
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