On 12 January 2023, the EU Court of Justice upheld  the EU General Court’s judgment imposing a fine on Lithuanian Railways for dismantling a section of railway track. While reaffirming its essential facility case law (Bronner), the Court confirmed that the Bronner case law did not apply to the deliberate destruction of State-owned infrastructure managed by a dominant company which was obliged to grant access to that infrastructure. The fine on Lithuanian Railways On 2 October 2017, the European Commission (EC) fined Lietuvos geležinkeliai AB (Lithuanian Railways) EUR 28 million for abusing a dominant position by dismantling 19km of railway track connecting Lithuania and Latvia. Lithuanian Railways managed the track, but the track was constructed and owned by the Lithuanian State.
Access to this article is restricted to subscribers
Already Subscribed? Sign-in