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Order of the Court of First Instance (Third Chamber) of 12 December 2007. # Atlantic Container Line AB and Others v Commission of the European Communities. # Enforcement of a judgment of the Court of First Instance - Repayment of the costs of bank guarantees provided in order to defer payment of a fine imposed by the Commission and subsequently annulled by the Court of First Instance - Action for annulment and damages - Non-contractual liability of the Community - No direct causal link between the allegedly unlawful conduct of the institution and the damage claimed. # Case T-113/04.

ECLI:EU:T:2007:377

62004TO0113

December 12, 2007
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(Case T-113/04)

Enforcement of a judgment of the Court of First Instance – Repayment of the costs of bank guarantees provided in order to defer payment of a fine imposed by the Commission and subsequently annulled by the Court of First Instance – Action for annulment and damages – Non‑contractual liability of the Community – No direct causal link between the allegedly unlawful conduct of the institution and the damage claimed

Re:

APPLICATION, first, for annulment of the Commission letter of 6 January 2004 refusing to repay the costs of the bank guarantees which the applicants entered into following the imposition of fines by Commission Decision 1999/243/EC of 16 September 1998 relating to a proceeding pursuant to Articles 85 and 86 of the EC Treaty (now Articles 81 EC and 82 EC) (Case No IV/35.134 – Trans‑Atlantic Conference Agreement) (OJ 1999 L 95, p. 1), annulled by judgment of the Court of First Instance of 30 September 2003 in Joined Cases T‑191/98 and T‑212/98 to T‑214/98 Atlantic Container Line and Others v Commission [2003] ECR II‑3275, and, secondly, for damages seeking repayment of those costs.

Operative part

The Court:

1.Dismisses the action;

2.Orders the applicants to pay the costs.

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