Judgment_paragraph 96 · European Commission v Anthony Braesch and Others (C-284/21 P)

96In the third place, as regards Braesch and Others’ argument concerning the Commission’s obligation to verify that all measures notified by the Italian Republic comply with EU law, it should be borne in mind that, according to settled case-law, the procedure under Article 108 TFEU must never produce a result which is contrary to the specific provisions of the Treaty (judgments of 15 June 1993, Matra v Commission, C‑225/91, EU:C:1993:239, paragraph 41; of 19 September 2000, Germany v Commission, C‑156/98, EU:C:2000:467, paragraph 78; and of 15 April 2008, Nuova Agricast, C‑390/06, EU:C:2008:224, paragraph 50). Accordingly, State aid which, as such or by reason of some modalities thereof, contravenes provisions or general principles of EU law cannot be declared compatible with the internal market (judgments of 15 April 2008, Nuova Agricast, C‑390/06, EU:C:2008:224, paragraph 50, and of 22 September 2020, Austria v Commission, C‑594/18 P, EU:C:2020:742, paragraph 44).