39The fact that the applicant is one of the major producers of sugar and mixtures of sugar and cocoa in the OCTs and that there are only two undertakings operating in that sector in Aruba is not sufficient to distinguish the applicant for the purposes of the fourth paragraph of Article 230 EC. The applicant is in an objectively determined situation which is comparable to that of any other undertaking which might now or at some time in the future be active on the sugar market (order in Federolio, cited in the previous paragraph, paragraph 67).
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