60In the second place, and assuming that the referring court classifies the State guarantee as ‘State aid’ within the meaning of Article 107(1) TFEU, in order to enable it to ascertain the lawfulness of the guarantee, it must be determined whether the guarantee was subject to the notification procedure laid down in Article 108(3) TFEU. In order to do so it must be established whether that guarantee constitutes existing or new aid.
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