L 139/18 Official Journal of the European Union 26.5.2012 COMMISSION DECISION of 29 June 2011 on the State aid No SA.32504 (2011/N) and C 11/10 (ex N 667/09) implemented by Ireland for Anglo Irish Bank and Irish Nationwide Building Society (notified under document C(2011) 4432) (Only the English text is authentic) (Text with EEA relevance) (2012/269/EU) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 108(2) 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 pursuant to the provisions cited above ('), Whereas: () ) ) 1. PROCEDURE 1.1. Anglo Irish Bank By Decision of 14 January 2009, the Commission temporarily approved a recapitalisation of Anglo Irish Bank (hereinafter referred to as ‘Anglo’) (3). That recap- italisation was not implemented as Ireland decided to nationalise Anglo instead. By Decision of 16 February 2009, the Commission concluded that the nationalisation did not involve State aid (3). By Decision of 26 June 2009, the Commission auth- orised emergency aid to Anglo in the form of a capital injection of EUR 4 billion (4 000 million) on the basis of Article 87(3)(b) of the Treaty establishing the European Community for a period of six months and the Commission took note of Ireland’s commitment to O] C 214, 7.8.2010, p. 3. Commission Decision in Case N 9/09, Recapitalisation of Anglo Irish Bank by the Irish State (O] C 177, 30.7.2009, p. 1). Commission Decision in Case N 61/09, Change of ownership of Anglo Irish Bank (O] C 177, 30.7.2009, p. 2). notify a restructuring plan to the Commission by the end of November 2009 (4. On 30 November 2009, Ireland notified a restructuring plan to the Commission (°) (hereinafter referred to as ‘the initial Anglo restructuring plan’) prepared by Anglo. On 24 November and 18 December 2009, the Commission sent information requests to Ireland regarding the initial Anglo restructuring plan. On 17 February 2010, Ireland notified the Commission of its intention to inject additional capital of up to EUR 10,44 billion into Anglo (hereinafter referred to as ‘the second recapitalisation). By Decision of 31 March 2010 (%), the Commission approved the second recapitalisation on a temporary basis until the final decision by it on Anglo’s restruc- turing plan. The Commission also decided in that Decision to initiate the procedure laid down in Article 108(2) of the Treaty on the Functioning of the European Union (hereinafter referred to as ‘the Treaty) on the initial Anglo restructuring plan and the associated aid measures by Ireland (hereinafter referred to as ‘the opening decision’). The opening decision was published in the Official Journal of the European Union on 7 August 2010. The Commission invited interested parties to submit their comments on the aid. No comments were submitted by third parties. On 31 May 2010, Ireland submitted a revised restruc- turing plan for Anglo Irish Bank (hereinafter referred to as ‘the second Anglo restructuring plan’). () Commission Decision in Case N 356/09, Recapitalisation of Anglo Irish Bank by the Irish State (O] C 235, 30.9.2009, p. 3). (°) According to recital 40 of the Commission Decision in Case N 356/09 (see footnote 4 of this Decision), the adoption of a restruc- turing plan is consistent with paragraph 28 of the Credit Institutions Financial Support (CIFS) Scheme (the Irish guarantee scheme for credit institutions) and paragraph 30 of the Commission’s approval of the CIFS Scheme. See also Commission Decision in Case NN 48/08, Ireland — Guarantee Scheme for banks in Ireland (O] C 312, 6.12.2008, p. 2). In the context of CIFS, the Minister for Finance has required a restructuring plan to be produced if a partici- pating institution’s solvency ratio falls below the minimum regu- latory standards applicable to it on a material basis. Commission Decision in Case NN 12/10 and C 11/10 (ex N 667/09), Second rescue measure in favour of Anglo Irish Bank (O] C 214, 7.8.2010, p. 3).