112First, since it is common ground that the amended ÖSG constitutes a regulation producing effects of such a kind as to create a charge which is normally included in the budget of an undertaking consuming electricity in Austria, it should be stated that the fact that the Republic of Austria waived a part of the surcharges connected with the purchase of green electricity, by placing a cap on the contribution of Austrian energy-intensive businesses to the regime, must be regarded as relieving them of a burden that would normally be included in their budget. Accordingly, that arrangement does indeed confer an advantage on them, by comparison with the other undertakings consuming electricity in Austria (see, to that effect, judgment of 3 March 2005 in Heiser, C‑172/03, ECR, EU:C:2005:130, paragraph 38).
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