Zudem war zum Zeitpunkt des Inkrafttretens der Übertragungsvereinbarung die Entscheidung bereits erlassen und ACEA Beklagte. ###>Furthermore, it should be noted that, at the time of the entering into effect of the agreement, the decision on the aid granted to ACEA had already been taken by the Commission and that ACEA at that time had already introduced an action for annulment of this decision.