93It follows from all the foregoing that the General Court erred in law, in annulling the contested decisions, in part, on the ground that the Commission had failed to define a particular category of undertakings favoured by the tax measure at issue, while omitting to determine whether the Commission, in applying the method of examination, described in paragraphs 29 to 33 of the judgment under appeal Autogrill España v Commission and in paragraphs 33 to 37 of the judgment under appeal Banco Santander and Santusa v Commission, which must be used in order to examine the condition relating to the selectivity of the measure at issue, had in fact analysed the question and had established that that measure was discriminatory.
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