42However, according to settled case-law, the concept of State aid does not refer to State measures which differentiate between undertakings and which are, therefore, prima facie selective where that differentiation arises from the nature or the overall structure of the system of charges of which they are part, which it is for the Member State concerned to demonstrate (judgment in Portugal v Commission, EU:C:2006:511, paragraphs 52 and 80 and the case-law cited).
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