COURT IF IT CONSIDERS THAT IT IS NECESSARY TO OBTAIN A FURTHER RULING ON THE INTERPRETATION OF COMMUNITY LAW FOR THE PURPOSE OF GIVING ITS JUDGMENT . THE COURT NEED NOT THEREFORE CONSIDER THOSE ARGUMENTS .
FIRST QUESTION
11 IN SUBSTANCE THE FIRST QUESTION ASKS WHETHER ARTICLE 86 OF THE TREATY APPLIES TO AN UNDERTAKING HOLDING A DOMINANT POSITION ON A PARTICULAR MARKET WHERE THAT POSITION IS DUE NOT TO THE ACTIVITIES OF THE UNDERTAKING ITSELF BUT TO THE FACT THAT BY REASON OF PROVISIONS LAID DOWN BY LAW THERE CAN BE NO COMPETITION OR ONLY VERY LIMITED COMPETITION ON THE MARKET .
12 THE CENTRE BELGE PROPOSES THAT THE COURT SHOULD ANSWER THAT QUESTION IN THE AFFIRMATIVE . IT MAINTAINS THAT , ACCORDING TO THE CASE-LAW OF THE COURT , AN UNDERTAKING HOLDING A MONOPOLY IN A PARTICULAR SERVICE HAS A DOMINANT POSITION ON THE MARKET IN THAT SERVICE WITHIN THE MEANING OF ARTICLE 86 AND THAT THAT ARTICLE APPLIES TO THE CONDUCT OF BROADCASTING ORGANIZATIONS . COMPAGNIE LUXEMBOURGEOISE CANNOT RELY ON THE PROVISO IN ARTICLE 90 ( 2 ), SINCE IT IS NOT AN UNDERTAKING ' ENTRUSTED WITH THE OPERATION OF SERVICES OF GENERAL ECONOMIC INTEREST ' FOR THE PURPOSES THEREOF .
13 COMPAGNIE LUXEMBOURGEOISE STATES THAT THE COURT HELD , IN ITS JUDGMENT OF 30 APRIL 1974 IN CASE 155/73 ( SACCHI ( 1974 ) ECR 409 ), THAT A STATE MAY , FOR REASONS OF PUBLIC INTEREST OF A NON-ECONOMIC NATURE , REMOVE RADIO AND TELEVISION BROADCASTING FROM COMPETITION BY CONFERRING A MONOPOLY ON AN UNDERTAKING . EXTENDING THE SCOPE OF THE QUESTION PUT TO THE COURT , COMPAGNIE LUXEMBOURGEOISE PROPOSES , THEREFORE , THAT THE COURT SHOULD REPLY THAT IT IS NOT AS SUCH INCOMPATIBLE WITH ARTICLE 86 OF THE TREATY FOR AN UNDERTAKING TO WHICH A STATE HAS GRANTED EXCLUSIVE RIGHTS WITHIN THE MEANING OF ARTICLE 90 TO ENJOY A MONOPOLY .
14 INFORMATION PUBLICITE DOES NOT AGREE WITH THE ABSTRACT DEFINITION OF A DOMINANT POSITION WHICH IN ITS OPINION IS SUGGESTED BY THE QUESTION . IT MAINTAINS THAT IT IS NOT POSSIBLE TO DISREGARD THE PRODUCT OR SERVICE AT ISSUE OR THE EXTENT OF THE RELEVANT MARKET . FURTHER , TO FALL WITHIN THE PROVISIONS OF ARTICLE 86 THE DOMINANT POSITION MUST AFFECT TRADE BETWEEN MEMBER STATES AND EXIST WITHIN A SUBSTANTIAL PART OF THE COMMON MARKET . INFORMATION PUBLICITE THEREFORE PROPOSES THAT THE COURT SHOULD REPLY THAT THE EXISTENCE OF A LEGAL MONOPOLY DOES NOT IN ITSELF ENTAIL A DOMINANT POSITION WITHIN THE MEANING OF ARTICLE 86 .
15 IN THE COMMISSION ' S VIEW , THE NOTION OF A DOMINANT POSITION , AS DEFINED BY THE COURT , REFERS TO A FACTUAL SITUATION INDEPENDENT OF THE REASONS GIVING RISE TO THAT SITUATION . THE QUESTION MUST THEREFORE BE ANSWERED IN THE AFFIRMATIVE .
16 WITH REGARD TO THE FIRST QUESTION , IT MUST FIRST OF ALL BE REMEMBERED THAT , ACCORDING TO THE ESTABLISHED CASE-LAW OF THE COURT , MOST RECENTLY