Order of the Court (Eighth Chamber) of 27 January 2026 (request for a preliminary ruling from the Curtea de Apel Timișoara – Romania) – OMW Petrom Marketing v Compania Națională de Administrare a Infrastructurii Rutiere SA, ZR, LN

(Case C-439/25, (1) OMW Petrom Marketing)

(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court - Answer admitting of no reasonable doubt - Questions the answer to which may be clearly deduced from the Court’s existing case-law - Trans-European transport network - Regulation (EU) No 1315/2013 - Road transport infrastructure - Article 19(d) - Parking areas - Article 39(2)(c) - Rest areas - Regulation (EC) No 561/2006 - Article 8a - Information about safe and secure parking areas - National legislation prohibiting the construction of motorway service areas, including secure parking areas, on private land - Article 56 TFEU - Inapplicability - Purely internal situation)

(C/2026/1324)

Language of the case: Romanian

Referring court

Curtea de Apel Timișoara

Parties to the main proceedings

Applicant for revision: OMW Petrom Marketing SRL

Defendants: Compania Națională de Administrare a Infrastructurii Rutiere SA, ZR, LN

Operative part of the order

Article 19(d) and Article 39(2)(c) of Regulation (EU) No 1315/2013 of the European Parliament and of the Council of 11 December 2013 on Union guidelines for the development of the trans-European transport network and repealing Decision No 661/2010/EU, read in conjunction with recital 6 of that regulation, and Article 8a of Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85, as amended by Regulation (EU) 2020/1054 of the European Parliament and of the Council of 15 July 2020,

must be interpreted as meaning that they do not preclude national legislation prohibiting the construction of motorway service areas on private land.

Article 56 TFEU

must be interpreted as meaning that it does not apply to a company established in a Member State which, having undertaken the construction of a motorway service area in that Member State, is subject, in judicial proceedings seeking the annulment of permits issued for that purpose, to national legislation prohibiting the construction of such areas on private land.

(1) Date lodged: 4.7.2025.