42First, by its action the applicant is ‘disregarding the State aid aspects’ and in reality seeking a ruling from the Court of First Instance on the legality of the compensatory levy and on the Commission's decision to close the infringement proceedings. However, ‘taken in isolation’, an infringement of Community law as alleged here by the applicant does not fall within a review of State aid and may be examined only in proceedings for failure to fulfil obligations under Article 226 EC. It is, moreover, settled case-law that private individuals are not entitled to bring proceedings against a refusal by the Commission to institute or continue such proceedings (Case T-277/94 AITEC v Commission [1996] ECR II-351, paragraph 55).
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