Judgment_paragraph 12 · Commission of the European Communities v Fresh Marine Company A/S (C-472/00 P)

12According to the Commission, the administrative act of analysing the October 1997 report could not, in itself, have been the cause of any damage suffered by Fresh Marine since it was only on the entry into force of Regulation No 2529/97 that the undertaking from which its exports had benefited was withdrawn and that antidumping and countervailing duties were imposed. It is well established that an action for damages can be brought under Article 215 of the Treaty only where the loss is ‘actual and certain’ (see Joined Cases 67/75 to 85/75 Lesieur Cotelle and Others v Commission [1976] ECR 391). The Commission submits that any loss suffered by Fresh Marine could have become actual and certain only on adoption of Regulation No 2529/97.