108Lastly, the characterisation of such an advantage as existing is, in principle, carried out by applying the market economy operator principle (judgments of 6 March 2018, Commission v FIH Holding and FIH Erhvervsbank, C‑579/16 P, EU:C:2018:159, paragraph 45, and of 11 November 2021, Autostrada Wielkopolska v Commission and Poland, C‑933/19 P, EU:C:2021:905, paragraph 105), unless there is no possibility of comparing the State conduct at issue in a particular case with that of a private operator because that conduct is inseparably linked with the existence of infrastructure that no private operator would ever have been able to create (see, to that effect, judgment of 3 July 2003, Chronopost and Others v Ufex and Others, C‑83/01 P, C‑93/01 P and C‑94/01 P, EU:C:2003:388, paragraphs 31 to 38), or the State acted in its capacity as a public authority. In respect of that latter point, it must, however, be observed that the mere exercise of the prerogatives of a public authority, such as the use of means that are legislative or fiscal in nature, does not by itself render that principle inapplicable (see, to that effect, judgments of 5 June 2012, Commission v EDF, C‑124/10 P, EU:C:2012:318, paragraphs 81 and 92; of 3 April 2014, Commission v Netherlands and ING Groep, C‑224/12 P, EU:C:2014:213, paragraph 30; and of 6 March 2018, Commission v FIH Holding and FIH Erhvervsbank, C‑579/16 P, EU:C:2018:159, paragraph 48). It is the economic nature of the State intervention at issue and not the means put into effect for that purpose that renders that principle applicable (judgment of 20 September 2017, Commission v Frucona Košice, C‑300/16 P, EU:C:2017:706, paragraph 27).
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