9By letter of 13 May 2003, the Commission notified the Italian Republic of its decision to initiate the formal investigation procedure under Article 88(2) EC with regard to the aid at issue. It was of the view that the aid at issue was compatible with the common market but that the principles laid down by the Court in Case C-355/95 P TWD v Commission [1997] ECR I-2549, which confirmed the judgment of the General Court in Joined Cases T-244/93 and T-486/93 TWD v Commission [1995] ECR II-2265, (‘the TWD v Commission case-law’) had to be applied.
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