64Moreover, in Cases T-416/05 and T-423/05, as regards the question whether Aegean Airways still has a direct and present interest in the results of the cases, for the purposes of the second paragraph of Article 40 of the Statute of the Court of Justice, it is sufficient to note that, in the order in Olympiakes Aerogrammes v Commission, paragraph 28, and in the order in Olympiaki Aeroporia Ypiresies v Commission, paragraph 23, granting Aegean Airways leave to intervene in support of the forms of order sought by the Commission, such a direct and present interest was recognised on the ground that the intervener, first, was in competition with OA and NOA, the recipients of the aid covered by the contested decision, and, second, had actively participated in the formal investigation procedure which led to the adoption of the contested decision, which is favourable to it. However, as long as NOA and OA are recognised as having, even after being placed in liquidation, a legal interest in seeking the annulment of the contested decision, Aegean Airways retains a corresponding interest in intervening in support of the Commission to argue for the legality of that decision, be it only for the purposes of making claims for compensation, followed by possible actions, based on the unlawful grant, during the abovementioned period of competition, of aid which caused it injury.
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