29The Oberlandesgericht Wien dismissed Compass-Datenbank’s appeal by decision of 8 March 2010. That undertaking appealed against that decision to the Oberster Gerichtshof. The Oberster Gerichtshof observes, in the order for reference, that the prohibition on abuse of a dominant position, laid down in Article 102 TFEU, applies to undertakings, including public undertakings, in so far as they exercise an economic activity. It points out that, according to Case 118/85 Commission v Italy [1987] ECR 2599, paragraph 7, and Joined Cases C-264/01, C-306/01, C-354/01 and C-355/01 AOK-Bundesverband and Others [2004] ECR I-2493, paragraph 58, a legal entity may be regarded as an undertaking in the light of only part of its activities, where that part can be classified as economic in nature but that, according to Case C-343/95 Diego Calì & Figli [1997] ECR I-1547, the status of undertaking must on the other hand be ruled out where State bodies are concerned, where and in so far as they act as public authorities.
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