35With regard to the first ground, the Commission contests, first, the conclusion reached by the General Court in paragraph 47 of the judgment under appeal, according to which the present case must be distinguished from the case which led to the abovementioned order in Netherlands v Commission. In the latter case, the Kingdom of the Netherlands had requested in its application the annulment of the decision in question ‘in so far as the Commission t[ook] the view therein that the contributions paid to port authorities … constitute[d] State aid for the purposes of Article 87(1) EC’, whereas that finding did not appear in the operative part of that decision.
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