Luxembourg, December 18, 2025 — The EU’s top court has set out when a dominant operator can be required to give rivals access to fuel storage and transport infrastructure that was originally built with public money and later privatised or granted under exclusive rights, in a preliminary ruling stemming from proceedings involving Lukoil companies and Bulgaria’s competition authority.
In Case C-245/24, the Court of Justice said that the conditions from its landmark Bronner judgment can apply to publicly developed infrastructure later transferred to a dominant operator, but only if the transfer occurred under conditions that ensured a competitive price and terms, and the operator has full decision-making autonomy over access.
Background and Fines
The reference arose from a challenge to a Bulgarian competition authority decision finding that Lukoil Bulgaria and Lukoil Neftohim Burgas abused a dominant position in Bulgaria’s market for storage of automotive fuels by refusing third parties access to land depots, sea depots and pipelines during 2016–2021.
The authority imposed fines of about BGN 140 million (approximately $84.4 million) on Lukoil Neftohim Burgas and BGN 55 million on Lukoil Bulgaria.
Key Findings
The court addressed how authorities can characterise and assess conduct where multiple refusals of access are treated as part of a single strategy. It held that a competition authority does not have to prove the elements of Article 102 TFEU separately for each label attached under national law — such as “refusal to supply” versus “restriction of trade” — as long as it can prove that the Article 102 conditions are satisfied for the overall abusive conduct attributed to the undertaking.
Bronner Test and Public-Funded Infrastructure
The court reiterated that Bronner is designed to balance undistorted competition with the dominant operator’s freedom of contract and property rights, particularly where the infrastructure was developed for the dominant firm’s business and is owned by it.
It then clarified how that framework applies where infrastructure was built by public authorities and later privatised or placed under exclusive rights:
- No automatic exclusion. The mere fact that infrastructure was publicly funded does not, by itself, mean the Bronner conditions are inapplicable.
- Autonomy matters. If the dominant operator lacks full autonomy over access because of state prerogatives or obligations limiting its ability to refuse access, Bronner’s conditions may not apply.
- Competitive transfer matters. Where privatisation or the transfer of exclusive rights occurred under conditions ensuring a competitive price and terms, the infrastructure can be treated as analogous to infrastructure developed by the dominant firm, meaning Bronner can apply.
The ruling guides the Bulgarian court, which must now apply the EU court’s interpretation of Article 102 TFEU when deciding whether to uphold the national authority’s decision and penalties.
The case is C‑245/24, a Bulgarian request for preliminary ruling involving Lukoil Bulgaria & Ors before the European Court of Justice.
