123In those circumstances, the applicant cannot validly maintain that the bank guarantee charges which it incurred in the present case are the direct consequence of the unlawfulness of the Cement decision. The damage which it alleges in that regard is the consequence of its own decision not to comply with the obligation to pay the fine, in derogation from the rules laid down in the first paragraph of Article 192 of the EC Treaty and the first sentence of Article 185 of the EC Treaty, within the period prescribed by the Cement decision, by providing a bank guarantee.