17The Court has consistently held that an undertaking vested with a legal monopoly may be regarded as occupying a dominant position within the meaning of Article 86 of the Treaty and that the territory of a Member State to which that monopoly extends may constitute a substantial part of the common market (judgments in Case C-41/90Höfiier [1991] ECR I-1979, paragraph 28, and in Case C-260/89 £Ä7*[1991] ECR I-2925, paragraph 31).