161It should be noted that, according to the settled case-law of the Court of Justice, action by Member States in areas that are not subject to harmonisation by EU law is not excluded from the scope of the provisions of the FEU Treaty on the monitoring of State aid (judgments of 16 March 2021, Commission v Poland, C‑562/19 P, EU:C:2021:201, paragraph 26, and of 16 March 2021, Commission v Hungary, C‑596/19 P, EU:C:2021:202, paragraph 32 and the case-law cited).
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