1. Background of the case In 2007, the Luxembourg Competition Council (“the Council”) received a complaint from a small distributor of domestic fuel (“Rock Fernand distributions”) who wanted to have fuel storage capacity in the river port of Mertert in order to avoid the cost of passing through several supply intermediaries. The undertaking managing the fuel storage facilities, Tanklux S.A. (“Tanklux”), refused to grant access to these facilities to Rock Fernand distributions. By its decision n° 2007-FO-01 dated 23 April 2007, the Council rejected the claim. It held that the refusal of Tanklux was objectively justified for the reason that Tanklux did not have enough storage capacity . In this decision, the Council has first returned the case to the Luxembourg Competition Inspection (“the
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