Judgment_paragraph 20 · Italian Republic v Commission of the European Communities (C-86/89)

20It follows from the foregoing that the ground of the contested decision to the effect that the aid is incompatible with Article 92 of the Treaty is well founded. That essential ground is, in itself, sufficient to justify in law the Commission's decision. In those circumstances, any flaws which might vitiate the other ground of the decision — namely the Italian Government's alleged failure to comply with the provisions of Article 93(3) —have, in any event, no bearing on the lawfulness of the decision. The submission on the basis of which the Italian Government contests that ground is therefore of no avail and must accordingly be rejected.