40It has been held that a measure by which the public authorities grant to certain undertakings a tax exemption which, although not involving a transfer of State resources, places the persons to whom the tax exemption applies in a more favourable financial situation than other taxpayers constitutes State aid within the meaning of Article 107(1) TFEU (see Banco Exterior de España, paragraph 39 above, paragraph 14; Italy v Commission, paragraph 39 above, paragraph 16; and judgment of 9 September 2009 in Joined Cases T‑230/01 to T‑232/01 and T‑267/01 to T‑269/01 Diputación Foral de Álava and Others, not published in the ECR, paragraph 135, confirmed by judgment of 28 July 2011 in Joined Cases C‑474/09 P to C‑476/09 P Diputación Foral de Vizcaya v Commission, not published in the ECR).
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