(Case T-258/99
Tribunal de Justicia de la Unión Europea

(Case T-258/99

Fecha: 20-Sep-2005





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.

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