Judgment_paragraph 92 · European Commission v Anthony Braesch and Others (C-284/21 P)

92By adopting the guidelines contained in the Banking Communication, the Commission only imposed a limit on itself in the exercise of its discretion, meaning that, if a Member State notifies the Commission of proposed State aid which complies with those guidelines, the Commission must, as a general rule, authorise that proposed aid. However, the Member States retain the right to notify the Commission of proposed State aid which does not meet the criteria laid down by that communication and, as set out in point 45 thereof, the Commission may authorise such proposed aid in exceptional circumstances (see, to that effect, judgment of 19 July 2016, Kotnik and Others, C‑526/14, EU:C:2016:570, paragraph 43).