Judgment_paragraph 53 · European Commission v Anthony Braesch and Others (C-284/21 P)

53It follows that, as the General Court rightly pointed out in paragraph 59 of the judgment under appeal, where, without initiating the formal investigation procedure under Article 108(2) TFEU, the Commission finds, by a decision taken on the basis of Article 108(3) TFEU, that aid is compatible with the internal 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 judicature. 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 or her under the latter provision (see, inter alia, judgments of 19 May 1993, Cook v Commission, C‑198/91, EU:C:1993:197, paragraphs 23 to 26; of 15 June 1993, Matra v Commission, C‑225/91, EU:C:1993:239, paragraphs 17 to 19; and of 15 July 2021, Deutsche Lufthansa v Commission, C‑453/19 P, EU:C:2021:608, paragraph 36).