113Moreover, the Commission is free to decide to take no action on a complaint at the end of the preliminary investigation when it is able to rule out prima facie categorising the measures in question as State aid after having found that one of the essential conditions for the application of Article 107(1) TFEU is not satisfied (see, to that effect, judgment of 5 April 2006, Deutsche Bahn v Commission, T‑351/02, EU:T:2006:104, paragraph 104).
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