The EU Court of Justice states that a dominant public undertaking which owns a commercial port applies dissimilar conditions to equivalent transactions to other trading parties (GT-Link/ De Danske Statsbaner)

Case C-242/95 GT-Link A/S v De Danske Statsbaner (DSB)* 1. It is contrary to Article 95 of the Treaty for a Member State to impose a 40% import surcharge on a general duty levied on goods loaded, unloaded, or otherwise taken on board or landed within its ports or in the deep-water approach channels to its ports where goods are imported by ship from another Member State. 2. It is for the domestic legal order of each Member State to designate the courts and tribunals having