Judgment_paragraph 76 · Vereniging tot Behoud van Natuurmonumenten in Nederland and Others v European Commission (C-817/18 P)

76If, by contrast, the initial examination leads the Commission to the opposite conclusion, or even if it does not enable it to resolve all the difficulties involved in determining whether the aid is compatible with the internal market, the Commission is under a duty to carry out all the requisite consultations and for that purpose to initiate the procedure under Article 108(2) TFEU (see, to that effect, judgment of 21 December 2016, Club Hotel Loutraki and Others v Commission, C‑131/15 P, EU:C:2016:989, paragraph 30 and the case-law cited).