36In its defence, the Commission's approach is that when, as in the present case, it decides not to initiate the formal investigation procedure, it is necessary, if individual concern is to be established, to show that the competitive position of a member of the applicant is affected by the aid in question. It bases its position on Case T-398/94 Kahn Scheepvaart v Commission [1996] ECR II-477, paragraphs 43 and 50; Case T-188/95 Waterleiding Maatschappij v Commission [1998] ECR II-3713, paragraphs 60 to 65; and Case T-69/96 Hamburger Hafen- und Lagerhaus and Others v Commission [2001] ECR II-1037, paragraph 41.
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