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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)
ECLI:EU:UNKNOWN:62007TA0081
62007TA0081
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Valentina R., lawyer
15.8.2009
Official Journal of the European Union
C 193/19
(Joined Cases T-81/07, T-82/07 and T-83/07)
(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.