39Whilst the Commission must examine the compatibility of the proposed aid with the internal market, even where the Member State has acted in breach of the prohibition on giving effect to aid contained in the final sentence of Article 108(3) TFEU, national courts, in such a situation, do no more than preserve, until the final decision of the Commission, the rights of individuals faced with a possible breach by State authorities of that prohibition (see, to that effect, Case C-199/06 CELF and Ministre de la Culture et de la Communication [2008] ECR I-469, paragraph 38 and the case-law cited).
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