Judgment_paragraph 78 · Federal Republic of Germany v Commission of the European Communities (C-156/98)

78As the Court has consistently held, it is clear from the general scheme of the Treaty that the procedure under Article 93 must never produce a result which is contrary to the specific provisions of the Treaty. State aid, certain conditions of which contravene other provisions of the Treaty, cannot therefore be declared by the Commission to be compatible with the common market (see, to that effect, Case 73/79 Commission v Italy [1980] ECR 1533, paragraph 11, and Case C-225/91 Matra v Commission [1993] ECR I-3203, paragraph 41).