43While recognising that, when examining a measure likely to constitute State aid, the Commission is entitled to take account of the specific charges imposed on an advantage, the General Court nevertheless found, at paragraph 207 of the judgment under appeal, that a measure cannot be saved from categorisation as aid where the aid beneficiary is subject to a specific charge which is different from and unconnected with the aid in question. That affirmation on the part of the General Court is based on a correct interpretation of Article 87(1) EC (see Case 173/73 Italy v Commission [1974] ECR 709, paragraph 34), notwithstanding the fact that it referred incorrectly in that regard to the judgment in Case C-66/02 Italy v Commission.
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