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1.The measures implemented by Belgium, France and Luxembourg in favour of Dexia, for an amount of EUR 8,4 billion, in the form of a capital increase and aid for the treatment of impaired assets, and for an amount of EUR [95-135] billion, in the form of a guarantee and guaranteed liquidity assistance operation (‘liquidity assistance’ or ‘LA’), constitute State aid within the meaning of Article 107(1) TFEU.
2.This aid is compatible with the internal market under the conditions provided for in Article 2.
1.Belgium, France and Luxembourg shall respect all the commitments and conditions set out in Annex I to this decision within the time limits fixed.
2.Before making any payment of coupons on hybrid Tier 1 or upper Tier 2 instruments issued before 1 February 2010, and at the latest two weeks before the start of the notification period for the payment of the coupon to investors, Dexia shall notify the Commission, until 31 December 2011, of its intention to pay such a coupon and shall demonstrate that this payment:
is mandatory;
cannot be deferred;
is not discretionary; and
is not triggered automatically by a dividend payment, whatever the form, by Dexia SA or one of its subsidiaries, with the exception of the Tier 1 issue by DFL (ISIN code XS0273230572).
The Commission reserves the right not to authorise such a payment if any of the four cumulative conditions set out above is not satisfied.
Belgium, France and Luxembourg shall inform the Commission, within a period of two months from the date of notification of this decision, of the measures taken to comply therewith.
Belgium, France and Luxembourg shall submit to the Commission, throughout the period of the restructuring plan, on a six-monthly basis, a detailed report on the achievement of the restructuring measures set out in their commitments notified to the Commission on 9 February 2010 (attached as Annex I to this decision). The first report shall be communicated within six months of the date of this decision.
This decision is addressed to the Kingdom of Belgium, the French Republic and the Grand Duchy of Luxembourg.
Done at Brussels, 26 February 2010.
For the Commission
Joaquín Almunia
Vice-President