25First of all, it is apparent from the findings made in connection with the first plea that the TWD II and TWD III decisions could properly be interpreted by the Court of First Instance as meaning that the new aids could not be compatible with the common market as long as the old unlawful aid had not been repaid, since the cumulative effect of the aids was to distort competition in the common market to a significant extent. In those circumstances, the failure to repay the unlawful aid constituted an essential factor which was lawfully taken into account when the compatibility of the new aids was examined, so that the suspension of payment of the new aids cannot be treated in the same way as a simple demand for payment.
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