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Case C-665/21 P: Order of the Court (Eighth Chamber) of 10 May 2023 — MKB Multifunds BV v European Commission, Kingdom of the Netherlands (Appeal — Article 181 of the Rules of Procedure of the Court of Justice — State aid — Alleged State aid granted by a Member State in favour of a fund of funds — Preliminary examination of the European Commission — Decision of the Commission finding no State aid — Action for annulment — Admissibility — Regulation (EU) 2015/1589 — Article 1(h) — Concept of ‘interested party’)

ECLI:EU:UNKNOWN:62021CB0665

62021CB0665

May 10, 2023
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11.9.2023

Official Journal of the European Union

C 321/17

(Case C-665/21 P) (<span class="oj-super oj-note-tag">1</span>)

(Appeal - Article 181 of the Rules of Procedure of the Court of Justice - State aid - Alleged State aid granted by a Member State in favour of a fund of funds - Preliminary examination of the European Commission - Decision of the Commission finding no State aid - Action for annulment - Admissibility - Regulation (EU) 2015/1589 - Article 1(h) - Concept of ‘interested party’)

(2023/C 321/20)

Language of the case: Dutch

Parties

Appellant: MKB Multifunds BV (represented initially by R. Rampersad and J. M. M. van de Hel, advocaten, and subsequently by P. Breithaupt and J. M. M. van de Hel, advocaten)

Other parties to the proceedings: European Commission (represented by: V. Bottka, C.-M. Carrega and S. Noë, acting as Agents), Kingdom of the Netherlands (represented by: M. K. Bulterman and C. S. Schillemans, acting as Agents)

Operative part of the order

1.The appeal is dismissed as being, in part, manifestly inadmissible and, in part, manifestly unfounded.

2.MKB Multifunds BV is ordered to bear its own costs and to pay those incurred by the European Commission.

3.The Kingdom of the Netherlands shall bear its own costs.

(<span class="oj-super">1</span>) OJ C 11, 10.1.2022.

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