20In that regard, it should be noted that in its defence the Commission simply asks the Court to dismiss the action on the merits and does not contest the applicant's locus standi. On the contrary, the Commission has argued that to deny competitors of an undertaking to which aid has been granted locus standi to contest a Commission decision refusing to initiate the procedure provided for in Article 93(2) of the Treaty would create a serious shortcoming in the system of legal redress provided for by Article 164 of the Treaty.
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