92The Commission’s examination of the conditions for the existence of State aid falling within the scope of Article 107(1) TFEU therefore cannot favour Member States which pay aid in breach of Article 108(3) TFEU to the detriment of those which, in accordance with that provision, notify the aid at the planning stage and refrain from implementing it pending the final decision adopted by that institution (see, to that effect, inter alia, judgments of 29 April 2004, Italy v Commission, C‑298/00 P, EU:C:2004:240, paragraph 49, and of 1 June 2006, P & O European Ferries (Vizcaya) and Diputación Foral de Vizcaya v Commission, C‑442/03 P and C‑471/03 P, EU:C:2006:356, paragraph 110).
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