40To assess whether a measure is selective, it must be examined whether, within the context of a particular legal system, that measure constitutes an advantage for certain undertakings in comparison with others which are in a comparable legal and factual situation. However, the concept of State aid does not refer to measures which differentiate between undertakings and are therefore a priori selective where that differentiation arises from the nature or scheme of the system of which they form part (see British Aggregates v Commission, paragraphs 82 and 83 and the case-law cited).
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