57It must first of all be pointed out that the Commission's argument that the Plan is discriminatory is without foundation. It is settled case-law that discrimination consists in particular in treating like cases differently, involving a disadvantage for some operators in relation to others, without that difference in treatment being justified by the existence of substantial objective differences (see, in particular, Joined Cases 17/61 and 20/61 Klöckner-Werke and Hoesch v High Authority [1962] ECR 615, at p. 652; Case 250/83 Finsider v Commission [1985] ECR 131, paragraph 8; and Banks, cited above, paragraph 35). A measure to support investment adopted by a public authority can by definition apply only in respect of the territory for which it is responsible and the authority cannot be criticised for not extending the benefit of the measure to undertakings not established in its territory, since such undertakings are in a wholly different position vis-à-vis the authority from undertakings established within the territory. That statement does not, however, mean that such a measure of support cannot be classified as ‘aid’ within the meaning of Article 92(1) of the Treaty if it fulfils the conditions laid down by that provision.
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