68Article 87( 1 ) EC requires it to be determined whether, under a particular statutory scheme, a State measure is such as to favour ‘certain undertakings or the production of certain goods’ in comparison with others which, in the light of the objective pursued by the system in question, are in a comparable legal and factual situation (Case C-143/99 Adria-Wien Pipeline and Wietersdorfer & Peggaaer Zementwerke [2001] ECR I-8365, paragraph 41, and Case C-409/00 Spain v Commission [2003] ECR I-1487, paragraph 47). If that is the case, the measure concerned satisfies the condition of selectivity which is a constituent of the concept of State aid under that provision (GEMO, paragraph 35, and Spain v Commission, paragraph 47).
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.