49In that regard, it must be borne in mind that the EC Treaty provides for different procedures according to whether aid is existing or new (see, to that effect, inter alia, Case C-47/91 Italy v Commission [1992] ECR I-4145, paragraphs 22 to 24, and Case C-44/93 Namur-Les assurances du crédit [1994] ECR I-3829, paragraphs 10 to 12). Whilst under Article 88(3) EC new aid must be notified to the Commission and may not be implemented until that procedure has led to a final decision, under Article 88(1) EC existing aid may be lawfully implemented so long as the Commission has made no finding of incompatibility (see, to that effect, inter alia, Case C-387/92 Banco Exterior de España [1994] ECR I-877, paragraph 20; Case C-372/97 Italy v Commission [2004] ECR I-3679, paragraph 42; Case C-298/00 P Italy v Commission [2004] ECR I-4087, paragraph 47; and also Case C-322/09 P NDSHT v Commission [2010] ECR I-11911, paragraph 52 and the case‑law cited).
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