Joined Cases T-81/07, T-82/07 and T-83/07: Judgment of the Court of First Instance of 1 July 2009 — KG Holding and Others v Commission (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)
Date: 2009-07-01
Institutions: Court of First Instance
Subjects: General Court (EU), Netherlands, State aid, aid for restructuring, company in difficulties, control of State aid, exchange of information, liquidation








C_2009193EN.01001901.xml










15.8.2009   


EN


Official Journal of the European Union


C 193/19





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)

(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


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-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-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)

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

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

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;










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;










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;










6.


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






(1)  OJ C 117, 29.5.2007.