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:
Having regard to all the above considerations, I propose that the Court of Justice:
- set aside point 1 of the operative part of the judgment of the General Court of 1 February 2017, T‑479/14, Kendrion v European Union;
- dismiss Kendrion’s claim for compensation in respect of the material damage consisting in the payment of the bank guarantee charges in relation to the period in which the reasonable time for adjudication in Case T‑54/06, Kendrion v European Commission, was exceeded;
- dismiss the cross appeal lodged by Kendrion;
- order Kendrion to bear its own costs and the costs of the European Union, represented by the Court of Justice of the European Union, in relation to the appeal proceedings, and its own costs in relation to the first instance proceedings;
- order the European Union, represented by the Court of Justice of the European Union, to bear its own costs in relation to the first instance proceedings; and
- order the European Commission to bear its own costs in relation to both instances.