135It should also be noted that, by Regulation No 800/2008, in essence, the Commission merely exercised, ex ante, the powers conferred on it by Article 107(3) TFEU with respect to all aid satisfying the criteria laid down by that regulation (see, to that effect, judgment of 5 March 2019, Eesti Pagar, C‑349/17, EU:C:2019:172, paragraph 65).
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