Judgment_paragraph 111 · Freistaat Sachsen v Commission of the European Communities (T-357/02)

111In that regard, it must be pointed out, firstly, that the Commission has, in other legislation, inserted provisions expressly providing for the applicability of new criteria to aid notified before their entry into force, such as the provisions of point 82 of the Community guidelines on aid for environmental protection and those of Article 11(2) of Commission Regulation (EC) No 2204/2002 of 12 December 2002 on the application of Articles 87 and 88 of the EC Treaty to State aid for employment (OJ 2002 L 337, p. 3). Secondly, whilst nothing prevents the Commission from laying down, in legislation specifying the criteria which it intends to use in order to examine the compatibility of aid or an aid scheme, the measures specifically governing the application ratione temporis of the provisions specifying those criteria, the existence of such a possibility cannot call into question the principle identified from the case-law cited in paragraphs 94 and 95 above, according to which, in the absence of such measures, the provisions specifying the new criteria are not intended to apply to aid notified before their entry into force.