52As regards the Commission’s finding that the measures complained of constituted existing aid, it should be noted that existing aid is of course subject to the constant review provided for in Article 88(1) EC and must be regarded as lawful so long as the Commission has not found that it is incompatible with the common market (see Case C-44/93 Namur-Les assurances du crédit [1994] ECR I-3829, paragraph 34, and Case C-400/99 Italy v Commission [2001] ECR I-7303, paragraph 48). However, where it receives a complaint relating to allegedly unlawful aid, the Commission, in classifying the measure as existing aid, subjects it to the procedure provided for by Article 88(1) EC and thus refuses by implication to initiate the procedure provided for by Article 88(2) EC (see, to that effect, CIRFS and Others v Commission, paragraphs 25 and 26, and Case C-321/99 P ARAP and Others v Commission [2002] ECR I-4287, paragraph 61).
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