… The
appeal
is
dismissed
.
2. Slovenská pošta a.s. shall bear its own costs and pay those incurred by the European Commission.
3. The Slovak Republic shall bear its own costs.
[Signatures]
* Language of the case: English. …
… A Member State will be in breach of the prohibitions laid down by those two provisions only if the undertaking in question, merely by exercising the exclusive rights conferred upon it, is led to
abuse
its
dominant
position
or where such rights are liable to create a situation in which that undertaking is led to commit such abuses (judgments of 23 April 1991 in Höfner and Elser, C-41/90, EU:C:1991:161, paragraph 29, and of 3 March 2011 in AG2R Prévoyance, C-437/09, EU:C:2011:112, paragraph 68).
35 …
… Such a limitation constitutes an
abuse
of a
dominant
position
even if the services which the undertaking in question is manifestly not in a position to offer did not fall within a separate market.
46 It must be pointed out that, in accordance with settled case-law, where one of the grounds adopted by the General Court is sufficient to sustain the operative part of its judgment, any defects that might vitiate other grounds given in the judgment concerned in any event have no bearing on that operative …