Order of the Court of First Instance (Second Chamber, Extended
   Composition) of 20 September 2005 - Makro Cash & Carry Nederland v
   Commission

   (Case T-258/99)

   State aid - Commission notice on the de minimis rule for State aid -
   Service stations - Risk of cumulation of aid - Aid covered by the
   notice - Interest in bringing proceedings

   Actions for annulment - Interest in bringing proceedings - Need for a
   vested and current interest - Commission decision holding aid to be
   incompatible with the common market and ordering its abolition -
   Recipient relieved of obligation to repay by the application of the de
   minimis rule (Art. 230 EC) (see paras 35-40)

   Re:

   ACTION for the annulment of Commission Decision 1999/705/EC of 20 July
   1999 on the State aid implemented by the Netherlands for 633 Dutch
   service stations located near the German border (OJ 1999 L 280, p. 87)

   Operative part

   The Court:

   1.

   Dismisses the action as inadmissible;

   2.

   Orders the applicant to bear the costs.