111In that regard, it must be pointed out that the Commission cannot assume, in a decision to close the formal investigation procedure under Article 7 of Council Regulation No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article [108 TFEU] (OJ 1999 L 83, p. 1), that an undertaking has benefited from an advantage constituting State aid solely on the basis of a negative presumption, based on a lack of information enabling the contrary to be found, if there is no other evidence capable of positively establishing the actual existence of such an advantage (judgments of 17 September 2009, Commission v MTU Friedrichshafen, C‑520/07 P, EU:C:2009:557, paragraph 58, and of 26 March 2020, Larko v Commission, C‑244/18 P, EU:C:2020:238, paragraph 70 and the case-law cited).
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