95It follows that, where, without initiating the formal review procedure under Article 108(2) TFEU, the Commission finds, on the basis of Article 108(3) TFEU, that aid is compatible with the common market, the persons intended to benefit from those procedural guarantees may secure compliance therewith only if they are able to challenge that decision before the EU Courts. For those reasons, an action for the annulment of such a decision brought by a person who is concerned within the meaning of Article 108(2) TFEU is to be declared to be admissible where that person seeks, by instituting proceedings, to safeguard the procedural rights available to him under the latter provision (see, to that effect, judgments in 3F v Commission, C‑319/07 P, EU:C:2009:435, paragraph 31 and the case-law cited, and Commission v Kronoply and Kronotex, C‑83/09 P, EU:C:2011:341, paragraph 47).
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