CELEX: 62007TA0081
Language: en
Date: 2009-07-01 00:00:00
Title: 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)

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.