Judgment_paragraph 35 · Commission of the European Communities v Aktionsgemeinschaft Recht und Eigentum eV (C-78/03 P)

35Where, without initiating the formal review procedure under Article 88(2) EC, the Commission finds, on the basis of Article 88(3) EC, that aid is compatible with the common market, the persons intended to benefit from those procedural guarantees may secure compliance therewith only if they are able to challenge that decision before the Community judicature (Cook v Commission, paragraph 23, Matra v Commission, paragraph 17, and Commission v Sytraval and Brink's France, paragraph 40). For those reasons, the Court declares to be admissible an action for the annulment of such a decision brought by a person who is concerned within the meaning of Article 88(2) EC where he seeks, by instituting proceedings, to safeguard the procedural rights available to him under the latter provision (Cook v Commission, paragraphs 23 to 26, and Matra v Commission, paragraphs 17 to 20).