Judgment_paragraph 32 · Commission of the European Communities v Italian Republic (C-174/04)

32The fact that the legislation at issue is addressed only to a category of public undertakings holding a dominant position in their domestic markets does not detract from that finding. The Treaty provisions on the free moment of capital do not draw a distinction between private undertakings and public undertakings or between undertakings that hold a dominant position and those that do not.