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

Subject of the case

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

Operative part

The Court:

1. Dismisses the action as inadmissible;

2. Orders wheyco GmbH to pay the costs.