75It must be noted that the second subparagraph of Article 108(2) TFEU does not provide for a pre-litigation stage, unlike Article 258 TFEU. As the Commission submits, the stage of reviewing the implementation of its decision requiring the recovery of State aid must be regarded as being comparable to the pre-litigation stage of the procedure laid down in Article 258 TFEU, which corresponds to investigations within the meaning of the third indent of Article 4(2) of Regulation No 1049/2001. As Advocate General Wathelet noted, in essence, in his Opinion in France v Schlyter (C‑331/15 P, EU:C:2017:280, point 99), the concept of ‘investigations’ in Regulation No 1049/2001 covers infringement proceedings, as is apparent from the judgment of 14 November 2013, LPN and Finland v Commission (C‑514/11 P and C‑605/11 P, EU:C:2013:738, paragraph 70), and investigations that may lead to the initiation of that procedure (see, to that effect, judgment of 16 July 2015, ClientEarth v Commission, C‑612/13 P, EU:C:2015:486, paragraphs 62 and 65).