34As regards the classification of the measure at issue as new aid, the Commission stated as follows in the contested decision:8 A[tE] was established in 1960, with certain privileges granted by the Greek State, including electricity supply at reduced price. Under the terms of the statutes laying down the privileges, the supply of electricity at reduced rate was due to expire in March 2006, provided that [DEI] gave A[tE] due notice thereof two years in advance. On 26 February 2004 (i.e. more than two years before the privilege’s expiry), [DEI] duly gave A[tE] such notice, following which [DEI] stopped applying the preferential [tariff] at the end of March 2006.9 Consequently, from March 2006 until January 2007, A[tE] paid the standard electricity tariff applicable to large industrial consumers.10 However, A[tE] challenged the termination of the preferential [tariff] in court and in January 2007, a first instance court ordered as an interim measure that the preferential [tariff] be resumed pending a judgment on the substance. This interim decision was in turn appealed by [DEI] and overturned in March 2008 (a judgment on the substance is still pending).11 The practical consequence of the court decisions was that the preferential [tariff] was again applied to A[tE, and subsequently the applicant] from January 2007 to March 2008. In [the] period [at issue], according to data provided by the Greek authorities, A[tE and subsequently the applicant] paid EUR 17.4 million less than [they] would have paid under the “standard” tariff for large industrial consumers.…(f) [The measure at issue] is unlawful aid34 [The applicant] argues that the first [order for interim measures] did not involve a substantial amendment to the [preferential tariff agreed in the contract]. Therefore, according to [the applicant], the [first order for interim measures] did not grant [it] new aid and the [preferential tariff] remained as existing aid.35 The Commission cannot accept [the applicant’s] argument. The original terms of the preferential [tariff], which constituted existing aid, provided that the aid would end in March 2006 on condition that [DEI] gives due notice. Once this was done, the existing aid ceased, as it was due to do under the terms of the original grant of the [preferential tariff]. Any granting of a reduced electricity rate which meets the definition of State aid (as is the case here) is thus new aid, irrespective of the fact that its terms may be similar to the earlier existing aid. The case-law of the Court of Justice clearly spells out that the extension of an existing aid constitutes a new aid and must be notified [Commission v Germany, 70/72, EU:C:1973:87, paragraph 14, and Belgium v Commission, C‑197/99 P, EU:C:2003:444, paragraph 109]. A fortiori, this is also the case when a terminated existing aid is reactivated several months later.36 As this new aid has not been notified to the Commission pursuant to Article 108 TFEU, it is unlawful.’