53It should be pointed out that, in the judgment in Commission v Netherlands, paragraph 49 above (EU:C:2011:551), the Court of Justice held that a decision based on Article 107(1) and (3) TFEU which, while classifying the measure in question as State aid, declared it compatible with the common market, must be regarded as an act open to challenge under Article 263 TFEU, on the ground that the mistaken classification of a measure as State aid had legal consequences for the notifying Member State, since such a measure was subject to constant monitoring by the Commission and to periodic checks by it, meaning that the Member State enjoyed restricted room for manoeuvre in implementing the notified measure (judgment in Commission v Netherlands, paragraph 49 above, EU:C:2011:551, paragraphs 41 and 42).
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