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Order of the Court of First Instance (Second Chamber, extended composition) of 20 September 2005. # Makro Cash & Carry Nederland BV v Commission of the European Communities. # State aid - Commission notice on the de minimis rule for State aid - Service stations - Risk of cumulation of aid - Aid covered by the notice - Interest in bringing proceedings. # Case T-258/99.
ECLI:EU:T:2005:329
61999TO0258
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(Case T-258/99)
State aid – Commission notice on the de minimis rule for State aid – Service stations – Risk of cumulation of aid – Aid covered by the notice – Interest in bringing proceedings
Actions for annulment – Interest in bringing proceedings – Need for a vested and current interest – Commission decision holding aid to be incompatible with the common market and ordering its abolition – Recipient relieved of obligation to repay by the application of the de minimis rule (Art. 230 EC) (see paras 35-40)
Re:
ACTION for the annulment of Commission Decision 1999/705/EC of 20 July 1999 on the State aid implemented by the Netherlands for 633 Dutch service stations located near the German border (OJ 1999 L 280, p. 87)
Operative part
The Court:
1.Dismisses the action as inadmissible;
2.Orders the applicant to bear the costs.