Judgment_paragraph 37 · Commission of the European Communities v Aktionsgemeinschaft Recht und Eigentum eV (C-78/03 P)

37On the other hand, if the applicant calls in question the merits of the decision appraising the aid as such, the mere fact that it may be regarded as concerned within the meaning of Article 88(2) EC cannot suffice to render the action admissible. It must then demonstrate that it has a particular status within the meaning of the Plaumann v Commission case-law. That applies in particular where the applicant's market position is substantially affected by the aid to which the decision at issue relates (see, to that effect, the judgment in Case 169/84 Cofaz and Others v Commission [1986] ECR 391, paragraphs 22 to 25, and the order in Sveriges Betodlares Centralförening and Henrikson v Commission, paragraph 45).