33In paragraph 68 of the judgment under appeal, the Court of First Instance erred in law by holding that the limitation period began to run as soon as the bank guarantees were provided. Whilst the claim for damages could no doubt have been brought as soon as the guarantees were provided, since at that time the damage caused by the contested Commission decision was certain as to the grounds and could be determined as to the scope, the period of limitation could not, for its part, begin until the financial loss had in fact materialised, that is, until the bank guarantee charges had begun to run. However, whatever date is used falls well before that on which the Court gave its ruling in the Cement judgment, which the applicant regards as being the starting date of the limitation period. The first part of the first plea in law must be rejected.
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.