# C_2009193EN.01001901.xml

| 15.8.2009 | EN | Official Journal of the European Union | C 193/19 |
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15.8.2009

EN

Official Journal of the European Union

C 193/19

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Judgment of the Court of First Instance of 1 July 2009 — KG Holding and Others v Commission

(Joined Cases T-81/07, T-82/07 and T-83/07) (1)

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(State aid - Restructuring aid granted by the Netherlands authorities to KG Holding NV - Decision declaring the aid incompatible with the common market and ordering its recovery - Action for annulment - Partial inadmissibility - Recovery of aid from recipient undertakings declared bankrupt - Community Guidelines on State aid for rescuing and restructuring firms in difficulty)

2009/C 193/27

Language of the case: Dutch

Parties

Parties

Applicant in Case T-81/07: Jan Rudolf Maas, acting in his capacity as administrator in the bankruptcy proceedings relating to KG Holding NV (Rotterdam, Netherlands) (represented by: G. van der Wal and T. Boesman, lawyers)

Applicant in Case T-81/07:

Applicant in Case T-82/07: Jan Rudolf Maas and Cornelis van den Bergh, acting in their capacity as administrators in the bankruptcy proceedings relating to Kliq BV (Rotterdam) (represented by: G. van der Wal and T. Boesman, lawyers)

Applicant in Case T-82/07:

Applicant in Case T-83/07: Jean Leon Marcel Groenewegen, acting in his capacity as administrator in the bankruptcy proceedings relating to Kliq Reïntegratie (Utrecht, Netherlands) (represented by: G. van der Wal and T. Boesman, lawyers)

Applicant in Case T-83/07:

Defendant: Commission of the European Communities (represented by: H. van Vliet, Agent)

Defendant:

Re:

Re:

Action for annulment of Commission Decision 2006/939/EC of 19 July 2006 on the aid measure notified by the Netherlands for KG Holding NV (OJ 2006 L 366, p. 40).

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Annuls Article 2 of Commission Decision 2006/939/EC of 19 July 2006 on the aid measure notified by the Kingdom of the Netherlands for KG Holding NV; |
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1.

Annuls Article 2 of Commission Decision 2006/939/EC of 19 July 2006 on the aid measure notified by the Kingdom of the Netherlands for KG Holding NV;

| 2. | Dismisses the remainder of the applications; |
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2.

Dismisses the remainder of the applications;

| 3. | Orders Jan Rudolf Maas, in his capacity as administrator in the bankruptcy proceedings relating to KG Holding NV, to bear his own costs in Case T-81/07; |
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3.

Orders Jan Rudolf Maas, in his capacity as administrator in the bankruptcy proceedings relating to KG Holding NV, to bear his own costs in Case T-81/07;

| 4. | Orders Jan Rudolf Maas and Cornelis van den Bergh, in their capacity as administrators in the bankruptcy proceedings relating to Kliq BV, to bear their own costs in Case T-82/07; |
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4.

Orders Jan Rudolf Maas and Cornelis van den Bergh, in their capacity as administrators in the bankruptcy proceedings relating to Kliq BV, to bear their own costs in Case T-82/07;

| 5. | Orders Jean Leon Marcel Groenewegen, in his capacity as administrator in the bankruptcy proceedings relating to Kliq Reïntegratie, to bear, in addition to his own costs in Case T-83/07, those incurred by the Commission in Case T-83/07; |
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5.

Orders Jean Leon Marcel Groenewegen, in his capacity as administrator in the bankruptcy proceedings relating to Kliq Reïntegratie, to bear, in addition to his own costs in Case T-83/07, those incurred by the Commission in Case T-83/07;

| 6. | Orders the Commission to bear its own costs in Cases T-81/07 and T-82/07. |
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6.

Orders the Commission to bear its own costs in Cases T-81/07 and T-82/07.

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(1)  OJ C 117, 29.5.2007.

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