35Third, Article 92(1) of the Treaty only requires the determination of whether, under a particular statutory scheme, a State measure is such as to favour ‘certain undertakings or the production of certain goods’ over others. If so, the measure satisfies the condition of selectivity which defines State aid as laid down by that provision (Case C-143/99 Adria-Wien Pipeline and Wietersdorfer oc Peggauer Zementwerke [2001] ECR I-8365, paragraph 34, and Case C-409/00 Spain v Commission [2003] ECR I-1487, paragraph 47).
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