122It is common ground that the applicant, in derogation from those provisions, did not pay the fine imposed on it in Article 9 of the Cement decision, as the Commission, in the letter notifying the applicant of that decision, gave it the opportunity to provide a bank guarantee as security for payment of the fine until such time as the Cement judgment had been pronounced. An undertaking which brings an action against a Commission decision imposing a fine on it has a choice: it can pay the fine on its becoming payable, together with default interest, should any such interest have accrued, at the rate set by the Commission in its decision; or it can apply for suspension of operation of the decision pursuant to the second sentence of Article 185 of the EC Treaty; or, last, if the Commission so allows, it can provide a bank guarantee as security for payment of the fine and default interest, in accordance with the conditions laid down by the Commission (CB v Commission, paragraph 121 above, paragraph 54).
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