Judgment_paragraph 62 · Alessandro Accorinti and Others v European Central Bank (T-79/13)

62Last, in so far as the ECB none the less means to rely on a risk of circumvention of procedure or misuse of a remedy, it is sufficient to point to the exceptional nature of the case-law cited in paragraph 60 above, which is therefore to be applied strictly (see, to that effect, judgment of 23 November 2004 in Cantina sociale di Dolianova and Others v Commission, T‑166/98, ECR, EU:T:2004:337, paragraph 122 and the case-law cited, not set aside on that point in the judgment of 17 July 2008 in Commission v Cantina sociale di Dolianova and Others, C‑51/05 P, ECR, EU:C:2008:409, paragraph 63; see also, to that effect, judgment of 19 April 2007 in Holcim (Deutschland) v Commission, C‑282/05 P, ECR, EU:C:2007:226, paragraph 32) and to state that in the present case, by their action for compensation, the applicants do not seek to have the acts at issue annulled, but to obtain compensation for the damage which they allege to have resulted from the adoption and implementation of those acts.