The EU Court of Justice upholds the Commission’s decision rejecting a defence based on Article 86(2) (Italian Republic)

Case 41/83 Italian Republic v Commission of the European Communities* 1. The management, by an undertaking having the status of a nationalized industry, of public telecommunication equipment and its placing of such equipment at the disposal of users on payment of a fee amounts to a business activity which as such is subject to the obligations imposed by Article 86