Judgment_paragraph 17 · Merci convenzionali porto di Genova SpA v Siderurgica Gabrielli SpA (C-179/90)

17However, the Court has had occasion to state, in this respect, that a Member State is in breach of the prohibitions contained in those two provisions if the undertaking in question, merely by exercising the exclusive rights granted to it, cannot avoid abusing its dominant position (see the judgment in Case C-41/90 Höfner, cited above, paragraph 29) or when such rights are liable to create a situation in which that undertaking is induced to commit such abuses (see the judgment in Case C-260/89 ERT, cited above, paragraph 37).

Merci convenzionali porto di Genova SpA v Siderurgica Gabrielli SpA (C-179/90)

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