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.