Court of Justice 7 September 2006, C-243/05 P (Agraz, SA and Others v Commission of the European Communities.)

Opinion of the Advocate-General Opinion of the Advocate-General 1. It is clear from settled case-law that the Community’s non-contractual liability is dependent on the coincidence of three cumulative conditions, namely unlawful conduct on the part of the Community, actual and certain damage and a causal link between the unlawful conduct and the damage alleged. (2) 2.