61In those circumstances, the breach of the obligation to adjudicate within a reasonable time in Case T‑54/06 cannot be the determining cause of the damage suffered by Kendrion as a result of paying bank guarantee charges during the period by which that time was exceeded. As the Advocate General noted in point 80 of his Opinion, such damage is the consequence of Kendrion’s own decision to maintain the bank guarantee throughout the proceedings in that case, despite the financial consequences which that entailed.
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