80Having regard to those principles, the Court considers, first, that it follows from the foregoing (see paragraph 47 above) that since the contested statement enabled, in law and in fact, the proposed operation to be put into effect immediately, it was such as to bring about an immediate change in the situation in the market or markets concerned, depending solely on the wishes of the parties. In the present case, it is clear from an analysis of the terms of the agreement of 23 October 1992 that it was to take effect on the later of 1 November 1992 or the date of satisfaction of the suspensory conditions contained in it, which included, inter alia, the receipt by the undertakings concerned of confirmation by the Commission, in terms of sufficient certainty, that the operation did not fall within the scope of the Regulation. In those circumstances, and given that the actual share transfer giving effect to the concentration took place on 8 November 1992, the contested statement is to be regarded as of direct concern to the undertakings engaged in the international civil aviation market or markets who could, on the date of the contested act, be certain of an immediate or imminent change in the state of the market. On the other hand, had the Commission considered that the operation had a ‘Community dimension’, those undertakings would have had the assurance that no change in the state of the market or markets could occur prior to the expiry of the period laid down in Article 7(1) of the Regulation and before they had had the opportunity of asserting their rights and being heard.