P R E S S R E L E A S E K E N D R I O N N . V . 3 0 M A Y 2 0 1 3 Opinion of the Advocate General published in relation to Kendri on's appeal t o t he Court of Justice against the fine imposed by the European Commission

On 16 November 2011, the General Court of the European Union in Luxembourg delivered its judgement in the case brought by Kendrion N.V. against the fine imposed on 30 November 2005 by the European Commission in the amount of EUR 34 million (excluding interest) for infringement of Article 81 paragraph 1 of the EC Treaty by its former subsidiary Fardem Packaging B.V. established in Edam, the Netherlands (case number T-54/06). At that time the Court ruled that the fine is to be upheld in full. Kendrion N.V. decided in January 2012 to lodge an appeal with the Court of Justice of the European Union. A hearing was held on
5 February 2013 within the context of the appeal (case number C-50/12).
The opinion of Advocate General Sharpston on the appeal was published on 30 May 2013. The opinion must be viewed as an important recommendation to the Court of Justice.
The opinion of the Advocate General is that the fine for Kendrion in the amount of EUR 34 million should be upheld. She is furthermore of the opinion that the proceedings at the Court have taken an inordinately long time and that Kendrion has the possibility, if desired, to instigate a separate claim for damages. She recommends that the Court of Justice should not itself proceed to reduce the fine as requested by Kendrion. Kendrion will analyse the possibility to claim damages further and may take subsequent steps following the judgement of the Court of Justice.
Kendrion N.V. issued a bank guarantee to the European Commission at the start of the proceedings with the General Court. Due to the judgment by the Court on 16 November 2011, Kendrion has already made full provisions for the fine and interest.
The date of the judgement of the Court of Justice has not been announced, but it will probably be at the end of this year or early next year. If the Court of Justice adopts the opinion of the Advocate General, the judgement of the Court of Justice will as such not have any significant consequences for Kendrion's operational activities and will have no impact on the company's ability to fulfil its financial covenants and obligations.

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Profile Kendrion N.V.

Kendrion N.V., a solution provider, develops, manufactures and markets innovative high-quality electromagnetic systems and components for customers all over the world. Kendrion's operations are carried out by seven business units focused on specific market segments, namely Industrial Magnetic Systems, Industrial Drive Systems, Industrial Control Systems, Passenger Car Systems, Commercial Vehicle Systems, Heavy Duty Systems and Automotive Control Systems.
Kendrion has leading positions in a number of business-to-business niche markets. Germany is
Kendrion's main market, although other countries are becoming increasingly important.

Kendrion's activities

Kendrion develops advanced electromagnetic solutions for industrial applications. These are used by customers all over the world in systems such as lifts, door-locking systems, industrial
robots, medical equipment, electrical switchbox systems, diesel and gasoline engines, air-
conditioning installations, motor cooling systems and beverage dispensers. Kendrion's key customers include a.o. Bosch, Continental, Daimler, Delphi, Eaton, Evobus, Hyundai, Siemens, Volkswagen and Yutong.
Kendrion's shares are listed on NYSE Euronext's Amsterdam market. Zeist, 30 May 2013
The Executive Board

For more information, please contact:

Kendrion N.V. Mr P. Veenema Utrechtseweg 33
3704 HA ZEIST
Tel: +31 (0)30 - 699 72 69
Fax: +31 (0)30 - 695 11 65
Website: www.kendrion.com

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