Commission & Kingdom of Spain v Government EStAL 2|2012 ernment of Gibraltar & UK: Annotation 443 I. Introduction By its landmark judgment delivered on 15 November 20111 in joined cases C-106/09P and C-107/09P, European Commission and Kingdom of Spain v. Government of Gibraltar and United Kingdom, the Court of Justice (hereinafter “the ECJ”) has provided the most significant illustration to date of the fundamental notion of selectivity in State aid review