Judgment_paragraph 86 · Lietuvos geležinkeliai AB v European Commission (C-42/21 P)

86Second, it also follows from the Court’s case-law that the criteria established in paragraph 41 of the judgment of 26 November 1998, Bronner (C‑7/97, EU:C:1998:569), are intended to strike a fair balance between, on the one hand, the requirements of undistorted competition and, on the other hand, the freedom of contract and the right to property of the dominant undertaking. In that sense, those criteria are intended to be applicable in the event of refusal of access to infrastructure which the dominant undertaking owns and which it has developed for the needs of its own business by means of its own investments (see, to that effect, judgments of 26 November 1998, Bronner, C‑7/97, EU:C:1998:569, paragraph 37, and of 25 March 2021, Deutsche Telekom v Commission, C‑152/19 P, EU:C:2021:238, paragraph 47).