On 9 February 2009, the Enterprise Chamber ruled on the request by the European Shareholders Group (ESG) regarding the transactions of Fortis Bank with the Netherlands and Belgian states be submitted for approval to the shareholders meeting of Fortis NV on 13 February 2009. The Enterprise Chamber rejected the request in an earlier ruling on 24 November 2008. In that ruling, the Enterprise Chamber recommended, among other things, instituting an investigation into the policy and course of events at Fortis NV. The Enterprise Chamber repeated its earlier ruling that within the framework of the current proceedings it had insufficient information on the facts and circumstances to make a ruling thereover and was unable to reach a decision on the issue of whether the transactions referred to by ESG fall within the scope of Section 2:107a of the Dutch Civil Code and request the approval of the next shareholders meeting. Even if the approval was necessary, the Enterprise Chamber would still be unable to award the immediate relief requested by ESG. The transactions referred to by ESG (sale to the Dutch and Belgian states) are formally legally implemented and completed. Awarding immediate relief can also not be considered in the interest of the recommended investigation or as a result of the current state of Fortis. If the decision taken had been wrongful then it would only result in a monetary claim by ESG vis-à-vis Fortis. The request of ESG was rejected.

Ruling (Dutch text only)