21Accordingly, in the present case, contrary to Residex’s contention, the Gerechtshof te ‘s-Gravenhage was, in the view of the Hoge Raad, authorised to annul, on the basis of Article 3:40(2) of the Netherlands Civil Code, a legal act entailing implementation of that aid measure if it was contrary to that provision of the EC Treaty. The Hoge Raad der Nederlanden notes, moreover, that in a similar matter, in Case C-404/97Commission v Portugal [2000] ECR I-4897, the Court found that the guarantee was invalid and held that it should therefore be cancelled by the national court within the framework of its obligation to remedy the consequences of an unlawful aid measure.