103It is apparent from the actual structure of Article 88(3) EC, which establishes a bilateral relationship between the Commission and the Member State, that only the Member States are under the obligation to notify. That obligation can thus not be regarded as satisfied by notification by the undertaking receiving the aid. As has already been held by the Court, the machinery for reviewing and examining State aid established by Article 88 EC does not impose any specific obligation on the recipient of aid. First, the notification requirement and the prior prohibition on implementing planned aid are directed to the Member State. Second, the Member State is also the addressee of the decision by which the Commission finds that aid is incompatible with the common market and requests the Member State to abolish the aid within the period determined by the Commission (see Case C-39/94 SFEI and Others [1996] ECR I-3547, paragraph 73).
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.