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State aid – Incentive element – Action for annulment – Act producing legal effects – Legal interest in bringing proceedings – Inadmissibility
Actions for annulment – Interest in bringing proceedings – Action by State aid beneficiary against the Commission decision declaring it compatible with the common market (Art. 230 EC) (see paras 89-105)
ACTION for annulment in part of the Commission’s decision of 6 September 2005 relating to State aid No N 363/2005 for the construction of a whey refining plant in Mecklenburg-Western Pomerania (Germany) (OJ 2005 C 262, p. 5).
The Court:
Dismisses the action as inadmissible;
Orders wheyco GmbH to pay the costs.