Judgment_paragraph 44 · Italian Republic v Commission of the European Communities (C-372/97)

44In its assessment both of existing aid, pursuant to Article 93(1) and (2) of the Treaty, and of new aid which must be notified to it before being implemented, pursuant to Article 93(3) of the Treaty, the Commission is required, not to establish that such aid has a real effect on trade between Member States and that competition is actually being distorted, but only to examine whether that aid is liable to affect such trade and distort competition.