32The applicants predecessors could, in accordance with the approach adopted by the Court of Justice in paragraph 6 of Kampffmeyer and Others v Commission and Council, therefore bring an action in order to establish the Community's noncontractual liability as soon as the cause of damage became certain, that is, in the present case, as soon as the bank guarantees were provided. Contrary to what the applicant argues, that would not have constituted an abuse of process, since an action for damages is a separate cause of action from an action for annulment.
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