Judgment_paragraph 31 · Commission of the European Communities v Fresh Marine Company A/S (C-472/00 P)

31It follows that the Commission clearly did not comply with its obligation to impose provisional duties only where there is reason to believe that the undertaking has been breached. In the circumstances of the present case, such conduct must be regarded as a sufficiently serious breach of a rule of Community law satisfying one of the conditions for the incurring of non-contractual liability by the Community (see, inter alia, Bergaderm and Goupil, paragraphs 42 to 44, and Commission v Camar and Tico, paragraphs 53 and 54).