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Case C-464/09 P: Judgment of the Court (Fourth Chamber) of 2 December 2010 — Holland Malt BV v European Commission, Kingdom of the Netherlands (Appeal — State aid — Guidelines for aid in the agriculture sector — Point 4.2.5 — Malt market — No normal market outlets — Aid measure declared incompatible with the common market)
ECLI:EU:UNKNOWN:62009CA0464
62009CA0464
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Valentina R., lawyer
29.1.2011
Official Journal of the European Union
C 30/8
(Case C-464/09 P) (<span class="super">1</span>)
(Appeal - State aid - Guidelines for aid in the agriculture sector - Point 4.2.5 - Malt market - No normal market outlets - Aid measure declared incompatible with the common market)
2011/C 30/12
Language of the case: English
Parties
Appellants: Holland Malt BV (represented by: O. Brouwer, A. Stoffer and P. Schepens, advocaten)
Other parties to the proceedings: European Commission (represented by: L. Flynn and A. Stobiecka-Kuik, Agents) Kingdom of the Netherlands (represented by: C. Wissels and Y. de Vries, Agents)
Re:
Appeal against the judgment of the Court of First Instance (Fourth Chamber) of 9 September 2009 in Case T-369/06 Holland Malt BV v Commission — Holland Malt BV, supported by the Kingdom of the Netherlands v Commission by which that Court dismissed an application for annulment of Commission Decision 2007/59/EC of 26 September 2006 declaring as incompatible with the common market the aid granted by the Netherlands in favour of Holland Malt BV for the creation of a malt production plant at Eemshaven (Groningen), in the form of investment aid of EUR 7 425 000, subject to the condition precedent of its approval by the Commission (State aid No C 14/2005 — ex N 149/2004) (OJ 2007 L 32, p. 76) — Application of the Guidelines for State aid in the agriculture sector
Operative part of the judgment
The Court:
1.Dismisses the appeal;
2.Orders Holland Malt BV to pay the costs.
(<span class="super">1</span>) OJ C 24, 30.1.2010.