52Article 87(1) EC prohibits State aid ‘favouring certain undertakings or the production of certain goods’, that is to say, selective aid (Case C-66/02 Italy v Commission [2005] ECR I-10901, paragraph 94). However, according to settled case-law, the concept of State aid does not refer to State measures which differentiate between undertakings and which are, therefore, prima facie selective where that differentiation arises from the nature or the overall structure of the system of charges of which they are part (see, to that effect, Case 173/73 Italy v Commission, paragraph 33, and Case C-148/04 Unicredito Italiano [2005] ECR I-11137, paragraph 51).
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