The EU Court of Justice declares that a State is breaching competition law if an undertaking by exercising the exclusive rights granted to it cannot avoid abusing its dominant position (Merci / Siderurgica)

Case C-179/90 Merci convenzionali porto di Genova SpA v Siderurgica Gabrielli SpA* 1. The concept of worker within the meaning of Article 48 of the Treaty pre-supposes that for a certain period of time a person performs services for and under the direction of another person in return for which he receives remuneration. That description is not affected by the fact that the worker, whilst being linked to the undertaking by a relationship of employment, is linked to other workers by a relationship of association. 2. Although the simple fact of creating a dominant