Judgment_paragraph 135 · Appeals – Actions for damages – Second paragraph of Article 340 TFEU – Excessive length of the proceedings in a case before the General Court of the European Union – Compensation for the damage allegedly sustained by the applicant – Concept of a ‘single undertaking’ not applied – Material damage – Bank guarantee costs – Causal link – Loss of profit – Non-pecuniary damage – Liability of the European Union for damage caused by infringements of EU law arising from a decision of the General Court – No incurring of liability (C-447/17 P, C-479/17 P)

135As regards, in the first place, the grounds referred to in paragraphs 113 and 145 of the judgment under appeal, it should be recalled that, in accordance with the Court’s settled case-law, first, any damage for which compensation is sought in an action to establish non-contractual liability of the European Union under the second paragraph of Article 340 TFEU must be actual and certain. Secondly, in order for the non-contractual liability of the European Union to be capable of being incurred, the damage must flow sufficiently directly from the unlawful conduct of the institutions. In any event, it is for the party seeking to establish the European Union’s non-contractual liability to adduce conclusive proof as to the existence and extent of the damage it alleges, and as to the existence of a sufficiently direct causal nexus between the conduct of the institution concerned and the damage alleged (judgment of 30 May 2017, Safa Nicu Sepahan v Council, C‑45/15 P, EU:C:2017:402, paragraphs 61 and 62 and the case-law cited).