Order of the Court of First Instance (Third Chamber) of 12 December 2007 – Atlantic Container Line and Others v Commission

(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

1.                     Actions for annulment – Judgment annulling a measure – Effects – Obligation to implement – No remedy based on Articles 220 EC and 233 EC – Possibility for parties to argue their rights on the basis of Articles 230 EC and 232 EC (Arts 220 EC, 230 EC, 232 EC and 233 EC) (see paras 22-23)

2.                     Non-contractual liability – Conditions – Unlawfulness – Damage – Causal link – Meaning – Costs of a bank guarantee arising from an undertaking’s choice not to pay the fine imposed by the Commission – No direct causal link (EC Treaty, Arts 185 and 192, first para. (now Arts 242 EC and 256, first para., EC); Art. 288, second para., EC) (see paras 31-40)

3.                     Actions for annulment – Judgment annulling a measure – Effects – Judgment annulling the fine imposed on an undertaking for infringement of the competition rules or reducing the amount of the fine – Obligation to implement – Scope – Repayment of the sum unduly paid and payment of default interest – Included – Costs of bank guarantee – Not included (Art. 233 EC) (see paras 58-65)

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.