Order of the Court of First Instance (Third Chamber) of 12 December 2007. – Atlantic Container Line AB and Others v Commission of the European Communities.

Subject of the case

Re:

APPLICATION, first, for annulment of the Commission letter of 6 January 2004 refusing to repay the costs of the bank guarantees which the applicants entered into following the imposition of fines by Commission Decision 1999/243/EC of 16 September 1998 relating to a proceeding pursuant to Articles 85 and 86 of the EC Treaty (now Articles 81 EC and 82 EC) (Case No IV/35.134 – Trans‑Atlantic Conference Agreement) (OJ 1999 L 95, p. 1), annulled by judgment of the Court of First Instance of 30 September 2003 in Joined Cases T‑191/98 and T‑212/98 to T‑214/98 Atlantic Container Line and Others v Commission [2003] ECR II‑3275, and, secondly, for damages seeking repayment of those costs.

Operative part

The Court:

1. Dismisses the action;

2. Orders the applicants to pay the costs.