1.6.2013 Official Journal of the European Union L 148/1 (Non-legislative acts) DECISIONS COMMISSION DECISION of 20 December 2011 on the State aid C 40/2009 and C 43/2008 for the restructuring of WestLB AG (notified under document C(2011) 9395) (Only the German text is authentic) (Text with EEA relevance) (2013/245/EU) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 108(2) (1) thereof, Having regard to the Agreement on the European Economic Area, and in particular Article 62(1)(a) thereof, Having called on interested parties to submit their comments (%), Whereas: I. PROCEDURE (1) By Decision of 12 May 2009 in case C 43/2008 (*) (hereinafter called "the May 2009 Decision"), the Commission conditionally approved a EUR 5 billion (") With effect from 1 December 2009, Articles 87 and 88 of the EC Treaty have become Articles 107 and 108, respectively, of the TFEU. The two sets of provisions are, in substance, identical. For the purposes of this Decision, references to Articles 107 and 108 of the TFEU should be understood as references to Articles 87 and 88, respectively, of the EC Treaty where appropriate. () OJ C 66, 17.3.2010, p. 15; O] C 23, 25.1.2011, p. 9. (}) Commission Decision of 12 May 2009 in case C 43/2008, Restruc- turing of WestLB AG, O] L 345, 23.12.2009, p. 1. ) risk shield for WestLB AG (%) (hereinafter called "WestLB"), the Landesbank of North Rhine-Westphalia, on a portfolio of structured securities (hereinafter called "the Phoenix portfolio"), referring to a restructuring plan submitted on 30 April 2009 (hereinafter called "the April 2009 restructuring plan"). On 23 September 2009, Germany notified to the Commission additional aid to WestLB in the form of a temporary risk shield for tranches of the Phoenix portfolio in the amount of EUR 6,4 billion and committed to notify a revised restructuring plan. By Decision of 7 October 2009 in case N 531/2009 (°) the Commission decided that the temporary risk shield was compatible with the internal market as rescue aid. On 10 December 2009, Germany notified a support measure for WestLB in the form of an asset transfer to the newly created Erste Abwicklungsanstalt (hereinafter called "the EAA"). That measure is hereinafter called The WestLB group consists of WestLB AG (hereinafter called "WestLB") and affiliated companies, including Westdeutsche ImmobilienBank AG and WestLB Mellon Asset Management Holdings Limited. A considerable number of the documents supplied by Germany to the Commission, such as the restructuring plan of 30 June 2011, the Eckpunktevereinbarung and the commitments given by Germany, sometimes speak of andfor refer to the WestLB group. In this Decision the Commission therefore does not differentiate between WestLB AG and the WestLB group, but rather takes WestLB AG — as the holding company of its subsidiaries — as pars pro toto. The same approach was taken in the May 2009 Decision. Commission Decision of 7 October 2009 in case N 531/2009, Assumption of risk for WestLB, O] C 305, 16.12.2009, p. 4.