78Next, it should be noted that the intervener’s activity in Puerto de Las Nieves that was the subject matter of the complaint which has led to the present proceedings consists in using a port infrastructure in public ownership for commercial purposes. The intervener is therefore indeed an undertaking pursuing an economic activity subject to Article 107(1) TFEU, defined as any activity consisting in offering goods or services on a given market (see judgment of 1 July 2008, MOTOE, C‑49/07, EU:C:2008:376, paragraph 22 and the case-law cited).
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