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Case C-224/12 P: Judgment of the Court (Second Chamber) of 3 April 2014 — European Commission v Kingdom of the Netherlands, ING Groep NV, De Nederlandsche Bank NV (Appeal — Financial sector — Serious disturbance in the economy of a Member State — State Aid to a banking group — Form — Capital injection as part of a restructuring plan — Decision — Whether the aid compatible with the common market — Conditions — Amendment to the repayment terms of the aid — Private investor test)
ECLI:EU:UNKNOWN:62012CA0224
62012CA0224
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26.5.2014
Official Journal of the European Union
C 159/3
(Case C-224/12 P) (<span class="super">1</span>)
((Appeal - Financial sector - Serious disturbance in the economy of a Member State - State Aid to a banking group - Form - Capital injection as part of a restructuring plan - Decision - Whether the aid compatible with the common market - Conditions - Amendment to the repayment terms of the aid - Private investor test))
2014/C 159/03
Language of the case: Dutch
Parties
Appellant: European Commission (represented by: L. Flynn, S. Noë and H. van Vliet, acting as Agents)
Other parties to the proceedings: Kingdom of the Netherlands (represented by: M. de Ree, C. Wissels and J. Langer, acting as Agents, and P. Glazener, advocaat), ING Groep NV (represented by: O.W. Brouwer and J. Blockx, advocaten, and M. O’Regan, Solicitor), De Nederlandsche Bank NV (represented by: S. Verschuur and H. Gornall, advocaten, and M. Petite, avocat)
Re:
Appeal against the judgment of the General Court (First Chamber) of 2 March 2012 in Joined Cases T-29/10 and T-33/10 Netherlands and ING Groep v Commission by which the General Court granted the 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.Dismisses the appeal;
2.Orders the European Commission to pay the costs;
3.Orders De Nederlandsche Bank NV to bear its own costs.
(<span class="super">1</span>) OJ C 258, 25.8.2012.