Cases T-29/10 and T-33/10: Judgment of the General Court of 2 March 2012 — Kingdom of the Netherlands and ING Groep v Commission (State aid — Financial sector — Aid designed to remedy a serious disturbance in the economy of a Member State — Capital injection with repayment or share conversion options conferred on the aid recipient — Amendment to the repayment terms during the administrative procedure — Decision declaring the aid compatible with the common market — Concept of State aid — Advantage — Private investor test — Necessary and proportionate relationship between the amount of aid and the extent of measures intended to ensure compatibility of the aid)
Date: 2012-03-02
Institutions: General Court
Subjects: Netherlands, State aid, common market, control of State aid, economic recession, financial services








C_2012118EN.01002302.xml










21.4.2012   


EN


Official Journal of the European Union


C 118/23





Judgment of the General Court of 2 March 2012 — Kingdom of the Netherlands and ING Groep v Commission
(Cases T-29/10 and T-33/10) (1)

(State aid - Financial sector - Aid designed to remedy a serious disturbance in the economy of a Member State - Capital injection with repayment or share conversion options conferred on the aid recipient - Amendment to the repayment terms during the administrative procedure - Decision declaring the aid compatible with the common market - Concept of State aid - Advantage - Private investor test - Necessary and proportionate relationship between the amount of aid and the extent of measures intended to ensure compatibility of the aid)
2012/C 118/38
Language of the case: Dutch and English

Parties


Applicants: Kingdom of the Netherlands (represented by: C. Wissels, Y. de Vries and M. de Ree, Agents, assisted by P. Glazener, lawyer) (Case T-29/10); and ING Groep NV (Amsterdam, Netherlands) (represented initially by: O. Brouwer, M. Knapen and J. Blockx, lawyers, and subsequently by O. Brouwer, J. Blockx and M. O’Regan, Solicitor) (Case T-33/10)

Defendant: European Commission (represented by: H. van Vliet, L. Flynn and S. Noë, Agents)

Intervener in support of the applicants in Case T-33/10: De Nederlandsche Bank NV (Amsterdam, Netherlands) (represented initially by: B. Nijs and G. van der Klis, subsequently by G. van der Klis, M. Petite and S. Verschuur and, lastly, by M. Petite and S. Verschuur, lawyers)

Re:

Applications for the partial annulment of Commission Decision 2010/608/EC of 18 November 2009 on State aid C 10/09 (ex N 138/09) implemented by the Netherlands for ING’s Illiquid Assets Back Facility and Restructuring Plan (OJ 2010 L 274, p. 139).

Operative part of the judgment

The Court:






1.


Joins Cases T-29/10 and T-33/10 for the purposes of the present judgment.










2.


Annuls the first paragraph of Article 2 of Commission decision 2010/608/EC of 18 November 2009 on State aid C 10/09 (ex N 138/09) implemented by the Netherlands for ING’s Illiquid Assets Back-up Facility and Restructuring Plan, the second paragraph of Article 2 of that decision and Annex II to that decision.










3.


Orders the European Commission to pay the costs.






(1)  OJ C 80, 27.3.2010.