83It is true, as the appellant correctly points out, that the Commission cannot, by adopting guidelines, waive the exercise of the discretion that Article 107(3) TFEU confers on it. Therefore, the adoption of the 2009 communication does not relieve the Commission of its obligation to examine the specific exceptional circumstances relied on by a Member State, in a particular case, for the purpose of requesting the direct application of Article 107(3) TFEU (see, to that effect, judgment of 19 July 2016, Kotnik and Others, C‑526/14, EU:C:2016:570, paragraph 41 and the case-law cited).
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