STATE AIDS: SERIOUS DISTURBANCE IN THE ECONOMY OF A MEMBER STATE – CONDITIONS OF COMPATIBILITY – ACQUISITION BAN
Restructuring aid : The General Court of the European Union considers that the Commission could impose a general acquisition ban of shares in other undertakings on a bank benefitting from a restructuring aid (ABN Amro Group)
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In the context of the financial crisis, the Dutch State has acquired several banking and commercial entities, including the Dutch subsidiary of Fortis Bank and certain business units of ABN Amro Holding. It decided to merge one of these units with the Dutch subsidiary of Fortis and to set up a new company ABN Amro which had to be recapitalised and restructured.
The Commission assessed these measures in the light of the Communications adopted since 2008 on aid granted to address serious disturbances in the economy, the three pillars of which are to ensure the long-term viability of the beneficiary without state support, to ensure an adequate burden-sharing
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