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Document 62006TA0369

    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)

    OJ C 256, 24.10.2009, p. 23–23 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    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.


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