41 In that context, in paragraphs 79 to 96 of the judgment under appeal, the General Court discounted the Commission’s arguments that the authorisation decisions, first, were a necessary, but not sufficient, condition of the Member States being able to grant the exemptions at issue and, second, did not alter the fact that, if those exemptions constituted State aid, within the meaning of Article 87(1) EC, they had to be notified to the Commission and be authorised by it, in accordance with Article 88 EC, as stated in recital 5 in the preamble to Decision 2001/224. The General Court observed, in that regard, that the authorisation decisions prior to Decision 2001/224 contained no such qualification and held that recital 5 could not be construed as a manifestation of the Council’s intention to make the effects of its authorisation conditional on compliance with any subsequent procedures and decisions of the Commission in the area of State aid.
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