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. |