47In the present case, the contested decision is a decision not to raise objections, adopted under Article 4(3) of Regulation No 659/1999, the lawfulness of which depends on whether there are doubts as to the compatibility of the aid with the common market. Since such doubts must trigger the initiation of a formal investigation procedure in which the interested parties referred to in Article 1(h) of Regulation No 659/1999 can participate, it must be held that any interested party within the meaning of the latter provision is directly and individually concerned by such a decision. If the beneficiaries of the procedural guarantees provided for in Article 88(2) EC and Article 6(1) of Regulation No 659/1999 are to be able to ensure that those guarantees are respected, it must be possible for them to challenge before the European Union judicature the decision not to raise objections (see, to that effect, Case C-78/03 P Commission v Aktionsgemeinschaft Recht und Eigentum [2005] ECR I-10737, paragraph 35 and the case-law cited; Case C-487/06 P British Aggregates v Commission [2008] ECR I-10515, paragraph 28; and Case C-319/07 P 3F v Commission [2009] ECR I-5963, paragraph 31 and the case-law cited).
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