60It is true that, in such a context, unlike a suspension injunction addressed to a Member State, which is immediately binding in character and non-compliance with which permits the Commission to refer the matter directly to the Court of Justice pursuant to Article 12 of the regulation on procedure in State aid cases for a declaration that such non-compliance constitutes an infringement of the Treaty, the decision to initiate the procedure under Article 88(2) EC, taken in relation to measures in the course of implementation and classified by the Commission as new aid, produces legal effects the consequences of which it is for the Member State concerned and, in appropriate cases, economic operators themselves to draw. However, that procedural difference does not affect the scope of those legal effects.
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