Order of the Court of First Instance (Fourth Chamber) of 9 July 2007 – wheyco v Commission

(Case T-6/06)

State aid – Incentive element – Action for annulment – Act producing legal effects – Legal interest in bringing proceedings – Inadmissibility

Actions for annulment – Interest in bringing proceedings – Action by State aid beneficiary against the Commission decision declaring it compatible with the common market (Art. 230 EC) (see paras 89-105)

Re:

ACTION for annulment in part of the Commission’s decision of 6 September 2005 relating to State aid No N 363/2005 for the construction of a whey refining plant in Mecklenburg-Western Pomerania (Germany) (OJ 2005 C 262, p. 5).

Operative part

The Court:

Dismisses the action as inadmissible;

Orders wheyco GmbH to pay the costs.