61The Commission submits that the express wording of the notice on the de minimis rule, and the fact that the rule that it articulates, as a derogation from Article 92(1) of the Treaty, must be strictly interpreted, means that there can be no exception. The Court of First Instance confirmed that interpretation at paragraph 130 of the judgment in CETM v Commission. The Commission also relies on the legal effect of the notices and guidelines that it has drawn up on State aid. Such acts are binding, primarily on the Commission itself, as it is clear in particular from Case C-313/90 CIRFS and Others v Commission [1993] ECR I-1125, paragraphs 34 to 36, and Case T-149/95 Ducros v Commission [1997] ECR II-2031, paragraph 61. Consequently, the Kingdom of Spain has no basis for asking the Commission to derogate, in favour of the aid at issue, from the conditions of application of the de minimis rule.
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