Judgment_paragraph 38 · British Aggregates Association v Commission of the European Communities (T-210/02)

38The Commission argues in that regard that the Court of First Instance erred in its judgments in Waterleiding Maatschappij v Commission and in Case T-114/00 Aktionsgemeinschaft Recht und Eigentum v Commission [2002] ECR II-5121 in considering that the judgments of the Court of Justice in Case C-198/91 Cook v Commission [1993] ECR I-2487 and Case C-225/91 Matra v Commission [1993] ECR I-3203 had created a double standard, which was dependent on whether the decision had been adopted at the end of the preliminary investigation procedure or at the end of the formal investigation procedure. On being invited at the hearing to state its views on the scope of the judgment of the Court of Justice in Case C-78/03 P Commission v Aktionsgemeinschaft Recht und Eigentum [2005] ECR I-10737, the Commission stated that, having regard to the Opinion of Advocate General Jacobs, that judgment confirmed that the criterion was that the competitive situation of the applicant be substantially affected by the aid scheme under consideration.