33As regards the Council's argument that national remedies were not exhausted, it must be observed that the improper conduct alleged in this case originates not from a national body but from a Community institution. Any damage ensuing from the implementation of the Community legislation by the French authorities, which had no discretion with regard to the embargo as such, would therefore be attributable to the Community (see for example Case 126/76 Dietz v Commission [1977] ECR 2431, paragraph 5, Joined Cases C-104/89 and C-37/90 Mulder and Others v Council and Commission [1992] ECR I-3061, paragraph 9, Joined Cases T-481/93 and T-484/93 Exporteurs in Levende Varkens and Others v Commission [1995] ECR II-2941, paragraph 71, and Case T-30/99 Bocchi Food Trade International v Commission [2001] ECR II-943, paragraph 31).
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