Here we go, to me u refer to say a decision that allowed a direct recap was made

"10. The Eurogroup will draw up the exact operational criteria that will guide direct bank recapitalisations by the European Stability Mechanism (ESM), in full respect of the 29 June 2012 euro area Summit statement. It is imperative to break the vicious circle between banks and sovereigns. When an effective single supervisory mechanism is established, involving the ECB, for banks in the euro area the ESM could, following a regular decision,have the possibility to recapitalize banks directly."

which to me can't beat a treaty ratified, meaning according to how decisions are made by the ESM governors, FNAG have the means of their policies as well as rule the future of legacy assets.
You loose.