37It is settled case-law that classification as State aid requires all the following conditions to be fulfilled. First, there must be intervention by the State or through State resources. Secondly, the intervention must be liable to affect trade between Member States. Thirdly, it must confer an advantage on the recipient. Fourthly, it must distort or threaten to distort competition (Case C-140/09 Fallimento Traghetti del Mediterraneo [2010] ECR I-5243, paragraph 31 and the case-law cited).
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