CELEX: 62010TA0029
Language: en
Date: 2012-03-02 00:00:00
Title: 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)

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.