23Lastly, as regards the first question referred, it is settled case-law that the assessment of the compatibility of aid measures or of an aid scheme with the common market falls within the exclusive competence of the Commission, subject to review by the Court (Case C-354/90 FNCE [1991] ECR I-5505, paragraph 14; Case C-39/94 SFEI and Others [1996] ECR I-3547, paragraph 42; and Piaggio, paragraph 31). Consequently, a national court or tribunal may not, in a reference for a preliminary ruling under Article 234 EC, ask the Court for guidance as to the compatibility with the common market of a given State aid or an aid scheme (order in Case C-297/01 Sicilcassa and Others [2003] ECR I-7849, paragraph 47).
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