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CJEU Case C-150/17 P / Judgment

European Union v Kendrion NV

Policy area:
Institutional affairs
Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Court (First Chamber)
Type:
Decision
Decision date:
13/12/2018

Key facts of the case:

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.

Outcome of the case:

On those grounds, the Court (First Chamber) hereby:

  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 EuropeanUnion (T‑479/14, EU:T:2017:48);
  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 cases 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;
  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.