# C_2019065EN.01000301.xml

| 18.2.2019 | EN | Official Journal of the European Union | C 65/3 |
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18.2.2019

EN

Official Journal of the European Union

C 65/3

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Judgment of the Court (First Chamber) of 13 December 2018 — European Union, represented by the Court of Justice of the European Union v Kendrion NV, European Commission

(Case C-150/17 P) (1)

((Appeal - Actions for damages - Second paragraph of Article 340 TFEU - Excessive duration of the proceedings in a case before the General Court of the European Union - Compensation for damage allegedly suffered by the applicant - Material damage - Bank guarantee charges - Causal link - Default interest - Non-material damage))

(2019/C 65/03)

Language of the case: Dutch

Parties

Appellant: European Union, represented by the Court of Justice of the European Union (represented by: J. Inghelram and E. Beysen, acting as Agents)

Other parties to the proceedings: Kendrion NV (represented by: Y. de Vries, T. Ottervanger and E. Besselink, advocaten), European Commission (represented by: C. Urraca Caviedes, S. Noë and F. Erlbacher, acting as Agents)

Operative part of the judgment

The Court:

| 1. | Sets aside point 1 of the operative part of the judgment of the General Court of the European Union of 1 February 2017, Kendrion v European Union (T-479/14, EU:T:2017:48); |
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1.

Sets aside point 1 of the operative part of the judgment of the General Court of the European Union of 1 February 2017, Kendrion v European Union (T-479/14, EU:T:2017:48);

| 2. | Dismisses the cross-appeal brought by Kendrion NV; |
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2.

Dismisses the cross-appeal brought by Kendrion NV;

| 3. | Dismisses the claim for damages brought by Kendrion NV, inasmuch as it seeks to obtain compensation for the material damage consisting in the payment of bank guarantee charges beyond a reasonable time for adjudicating in the case which gave rise to the judgment of 16 November 2011, Kendrion v Commission (T-54/06, not published, EU:T:2011:667); |
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3.

Dismisses the claim for damages brought by Kendrion NV, inasmuch as it seeks to obtain compensation for the material damage consisting in the payment of bank guarantee charges beyond a reasonable time for adjudicating in the case which gave rise to the judgment of 16 November 2011, Kendrion v Commission (T-54/06, not published, EU:T:2011:667);

| 4. | Orders Kendrion NV to bear its own costs and to pay all the costs incurred by the European Union, represented by the Court of Justice of the European Union, in relation to the present appeal, and to bear its own costs at first instance; |
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4.

Orders Kendrion NV to bear its own costs and to pay all the costs incurred by the European Union, represented by the Court of Justice of the European Union, in relation to the present appeal, and to bear its own costs at first instance;

| 5. | Orders the European Union, represented by the Court of Justice of the European Union, to bear its own costs incurred at first instance; |
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5.

Orders the European Union, represented by the Court of Justice of the European Union, to bear its own costs incurred at first instance;

| 6. | Orders the European Commission to bear its own costs of both the proceedings at first instance and of the present appeal. |
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6.

Orders the European Commission to bear its own costs of both the proceedings at first instance and of the present appeal.

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(1)  OJ C 161, 22.5.2017.

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