34In a situation where the Commission has not yet initiated the formal examination procedure and has therefore not yet given a decision as to whether the measures under consideration are capable of constituting State aid, the national courts, seised of a request that they should draw the appropriate conclusions from a possible infringement of the last sentence of Article 108(3) TFEU, may have cause to interpret and apply the concept of aid with a view to determining whether those measures should have been notified to the Commission (see, to that effect, SFEI and Others, paragraphs 49 and 53 and paragraph 1 of the operative part of the judgment). Thus it is for those courts to verify, inter alia, whether the measure at issue constitutes an advantage and whether it is selective, that is to say whether it favours certain undertakings or certain producers within the meaning of Article 107(1) TFEU (Transalpine Ölleitung in Österreich, paragraph 39).
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