Ex-Fortis Shareholders Resume Battle For Compensation
September 15 2010 - 11:53AM
Dow Jones News
A trial against the Dutch state resumed Wednesday as angry
former shareholders in the collapsed Dutch-Belgian financial
services giant Fortis went to court in search of compensation in a
case that could go on for months and drag government officials,
regulators, and former company executives to the witness stand.
Former shareholders want to recoup losses they incurred in the
wake of the nationalization and break-up of Fortis, which collapsed
at the height of the financial crisis. Thousands of private
investors lost heavily as Fortis' share price sank to less than
EUR1 from EUR29 in four months.
FortisEffect, which says it represents around 1,500 private
shareholders, claims investors were misled by the Dutch state in
the week Fortis was bailed out and broken up along national lines
in early October 2008. It said Fortis shares lost over 80% in value
in the week that Fortis received a capital injection and was
nationalized five days later when the support turned out to be
insufficient.
The Dutch government denies the accusations and claims that the
capital injection seemed effective at first but that
nationalization became the only option after Fortis' share price
continued to slump in the following days.
Still, FortisEffect demands that the key figures--former
government officials, regulators, and company executives--appear in
the Amsterdam court to testify about what happened. The group
reckons that such testimonies would serve as evidence in their
battle to be compensated for their losses.
Wednesday's hearing mostly centered on which decision-makers
should testify and the court said it will need a couple of weeks to
study FortisEffect's request. A final ruling on the case isn't
expected before the spring.
The trial follows a string of other lawsuits in the Netherlands
and Belgium, in which former shareholders are seeking compensation.
An earlier case in the Netherlands was quashed by a court in The
Hague last year, on grounds that the Dutch state wasn't thought to
have misled Fortis investors deliberately. Also last year, a
Brussels court rejected a string of demands from small investors
who opposed the break-up.
Benelux financial champion Fortis was split along national lines
when the financial crisis hit and the bank collapsed under the
weight of buying a large part of ABN Amro Holding NV. It resulted
in the Dutch state nationalizing the Dutch assets while Belgium was
left to prop up the Belgian parts.
The Belgian government later sold 75% of Fortis Bank Belgium to
French bank BNP Paribas (BNP.FR). Fortis Bank Netherlands remains
state-owned and is currently being merged with the former parts of
ABN Amro. It is scheduled to return to the market in three to five
years.
The remnant of Fortis comprises the Belgian insurance arm, which
changed its name into Ageas NV (AGS.BT) this year. Ageas has warned
that the tumultuous past years could pose a risk. "While some
proceedings and investigations do not trigger any immediate risk of
material monetary consequences... it cannot be ruled out that they
could lead to such negative impact at a later stage," it said
earlier this year.
-By Maarten van Tartwijk; Dow Jones Newswires; +31 20 571 5201;
maarten.vantartwijk@dowjones.com
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