99In so doing, the General Court rejected the argument of Inalca and Cremonini that that damage was ongoing in nature until the delivery of the judgment of the Tribunale civile di Roma in 2005. It stated that the non-material damage alleged, even if it were accepted that it continued up to that date, materialised in full when Inalca and Cremonini and their directors were implicated in those proceedings in 1999 and in 2000. Referring to the characteristics that damage must possess in order to be classified as ‘ongoing damage’, as set out in paragraphs 56 and 57 of the order under appeal, the General Court held that the non-material damage alleged could not be treated as ongoing damage.
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