72It follows that, as has been recalled in paragraphs 43 and 50 of the present judgment, the lawfulness of a decision not to raise objections, based on Article 4(3) of Regulation No 659/1999, depends on the question whether the assessment of the information and evidence which the Commission had at its disposal during the preliminary examination phase of the measure notified should objectively have raised doubts as to its compatibility with the common market, given that such doubts must lead to initiating a formal investigation procedure in which the interested parties referred to in Article 1(h) of that regulation may participate.
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