24.10.2009   

EN

Official Journal of the European Union

C 256/23


Judgment of the Court of First Instance of 9 September 2009 — Holland Malt v Commission

(Case T-369/06) (1)

(State aid - Malt production - Investment aid - Decision declaring the aid incompatible with the common market - Adverse effect on competition - Effect on trade between Member States - Obligation to state the reasons on which the decision is based - Guidelines for State aid in the agriculture sector)

2009/C 256/40

Language of the case: English

Parties

Applicant: Holland Malt BV (Lieshout, Netherlands) (represented initially by: O. Brouwer and D. Mes, and subsequently by O. Brouwer, A. Stoffer and P. Schepens, lawyers)

Defendant: Commission of the European Communities (represented by: T. Scharf and A. Stobiecka-Kuik, acting as Agents)

Intervener in support of the applicant: Kingdom of the Netherlands (represented by: C. Wissels, M. de Grave, C. ten Dam and Y. de Vries, acting as Agents)

Re:

Application for annulment of Commission Decision 2007/59/EC of 26 September 2006 concerning the State aid granted by the Netherlands to Holland Malt BV (OJ 2007 L 32, p. 76).

Operative part of the judgment

The Court:

1.

Dismisses the action;

2.

Orders Holland Malt BV to bear its own costs and to pay those incurred by the Commission;

3.

Orders the Kingdom of the Netherlands to bear its own costs.


(1)  OJ C 42, 24.2.2007.