110That ground of appeal must be dismissed. As the Court has already held, if the Commission were required in its decision to demonstrate the real effect of aid which had already been granted, that would ultimately favour those Member States which grant aid in breach of the duty to notify laid down in Article 88(3) EC, to the detriment of those which do notify aid at the planning stage (see Case C-301/87 France v Commission [1990] ECR I-307, paragraph 33).
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