Judgment_paragraph 67 · Scandlines Danmark ApS and Scandlines Deutschland v European Commission (C-174/19 P)

67That analysis therefore involves determining whether the assessment of the information and evidence which the Commission had at its disposal during the preliminary investigation phase of the measure notified should objectively have raised doubts as to the compatibility of that measure with the internal market given that such doubts must lead to the initiation of a formal investigation procedure in which the interested parties referred to in Article 1(h) of Regulation No 659/1999 may participate; the same principles apply where the Commission entertains doubts as to the actual classification of the measure under examination as aid, within the meaning of Article 107(1) 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, paragraphs 32 and 33 and the case-law cited).