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.