35The amount of the alleged damage therefore increased in proportion to the number of days which elapsed. The applicant is accordingly not justified in submitting that the loss was instantaneous in nature and limited to the provision of the bank guarantees alone. Consequently, the Court of First Instance was correct to hold, in paragraph 69 of the judgment under appeal, that the damage relied on by the applicant was ongoing. The second part of the first plea in law must therefore be rejected.
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