42In that regard, it must be stated first that it follows from settled case-law that, where, in an action against a decision to initiate a formal investigation procedure, the applicant challenges the Commission’s assessment of a measure as constituting State aid, review by the Court is limited to ascertaining whether or not the Commission has made a manifest error of assessment in forming the view that it was unable to resolve all the difficulties on that point during its initial examination of the measure concerned (see, to that effect, Case C-194/09 P Alcoa Trasformazioni v Commission [2011] ECR I-6311, paragraph 61; order of the President of the General Court in Joined Cases T-195/01 R and T-207/01 R Government of Gibraltar v Commission [2001] ECR II-3915, paragraph 79; and Joined Cases T-269/99, T-271/99 and T-272/99 Diputación Foral de Guipúzcoa and Others v Commission [2002] ECR II-4217, paragraph 49).
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