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Case T-369/06: Judgment of the Court of First Instance of 9 September 2009 — Holland Malt v Commission (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)
ECLI:EU:UNKNOWN:62006TA0369
62006TA0369
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24.10.2009
Official Journal of the European Union
C 256/23
(Case T-369/06)
(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.
(<span class="super">1</span>) OJ C 42, 24.2.2007.