Judgment_paragraph 63 · Falke KGaA v European Commission (T-306/21)

63It is true that, in principle, it is not for the Commission to make a decision in the abstract on every alternative measure conceivable since, although the Member State concerned must set out in detail the reasons for adopting the aid scheme at issue, in particular in relation to the eligibility criteria used, it is not required to prove, positively, that no other conceivable measure, which by definition would be hypothetical, could better achieve the intended objective. If that Member State is not subject to such an obligation, an applicant cannot be entitled to ask the General Court to require the Commission to take the place of the national authorities in this task of legislative exploration in order to examine any conceivable alternative measures (see judgment of 6 May 2019, Scor v Commission, T‑135/17, not published, EU:T:2019:287, paragraph 94 and the case-law cited).