CELEX: 62006TA0369
Language: en
Date: 2009-09-09 00:00:00
Title: 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)

24.10.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 256/23
            
         Judgment of the Court of First Instance of 9 September 2009 — Holland Malt v Commission
   (Case T-369/06) (1)
   
   (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.
            
         
      (1)  OJ C 42, 24.2.2007.