The Court of First Instance (CFI) has rejected MyTravel's claim (in case T-212/03) for damages brought against the European Commission (Commission). MyTravel (formerly Airtours) was seeking damages for losses suffered as a result of the Commission's prohibition of the Airtours/First Choice merger. In 2002, following an appeal by Airtours (Case T342/99), the CFI annulled the Commission’s decision. Following that appeal, Airtours brought the claim seeking compensation for the losses suffered as a result of the Commission’s original decision blocking the merger. In order for the Commission to incur non-contractual liability, Airtours had to demonstrate that: the Commission's actions had been unlawful; actual damage must have been suffered; and there was a causal link between the conduct and that damage. Although the CFI had been critical of the Commission’s assessment, it did not consider that the Commission had manifestly and gravely disregarded the limits of its discretion bearing in mind the complexity of the merger and the time constraints imposed on the Commission by the Merger Regulation.